Author: Vivian Michael

  • Alleged Terrorists: Imo monarchs killers face fresh charges, March 12

    Alleged Terrorists: Imo monarchs killers face fresh charges, March 12

    The two suspected terrorists, Jude Iheme and Chika Madukwe who allegedly kidnapped and killed the traditional ruler of Amanze Obowo Autonomous Community of Imo State, Eze Basil Njoku are to face fresh terrorism charges at the Federal High Court in Abuja on March 12.

    Iheme, 52 years of Amagwu Amanze Obowo local government area of Imo and Madukwe, 42 years of Ndi-Uche Etiti Omuimo local government area also of Imo State were said to have killed the traditional ruler on December 17, 2022.

    The defendants were accused of killing the monarch while coming from the Federal Medical Center, Umuahia after kidnapping and collecting a ransom of N4M cash from his family.

    The Inspector General of Police (IGP) filed the 3-count terrorism charges against them.

    In the charge marked FHC/ABJ/CR/575/2024, Iheme and Madukwe alongside others said to be at large were said to have conspired to commit felony to wit, acts of terrorism contrary to section 26 of the Terrorism Prevention and Prohibition Act 2022.

    They were also said to have armed themselves with guns and offensive weapons, attacked, kidnapped and killed the monarch on December 17, 2022.

    The IGP also accused them of failing to volunteer information at their disposal to security agencies which could have led to apprehension of other kidnappers contrary to section 16 of the same Terrorism Act.

    When the charges were read to them before Justice Binta Nyako, they pleaded not guilty.

    A Senior Advocate of Nigeria (SAN),.Simon Lough who is leading the prosecution for the Inspector General of Police told the court that Police has amended the charges following the arrest of more suspects by operatives.

    He requested for a date for the other suspects to be brought to court to take plea in the amended charges.

    Justice Binta Nyako granted the request and fixed March 12 for the fresh arraignment.

    The Judge ordered that the two defendants be remanded at Kuje Prison in Abuja and be returned to court on the adjourned date.

    Count One of the charge read “That you Jude Iheme ‘M’ 56 yrs of Amagwu Amanze Obowo LGA of Imo state, Chika Madukwe ‘M’ 42 years of Ndi-Uche Etiti Omuimo LGA Imo State and others now at large on about the 17th December, 2022 at 71/2 junction Umumegwu Amanze village Obowo LGA Imo state within the jurisdiction of this court while acting in concert conspired together to commit Felony to wit: acts of terrorism and thereby committed an offence contrary to section 26 of the Terrorism (Prevention and Prohibition) Act 2022.

    Count two “That you Jude Iheme ‘M’ 56yrs of Amagwu Amanze Obowo LGA of Imo state, Chika Madukwe ‘M’ 42 years of Ndi-Uche Etiti Omuimo LGA of Imo State and others now at large on about the 17th December, 2022 at 71/2 junction Umumegwu – Amanze village Obowo LGA of Imo state within the jurisdiction of this court while acting in concert and armed with guns and other offensive weapons attacked, kidnapped and killed HRH Eze Basil
    Njoku of Amanze Obowo Autonomous Community in Imo State on his way from Federal Medical Centre Umuahia having collected a ransom of N4,000,000.00 (four million naira) from his family and thereby committed an offence contrary to section 2(2) (f) of Terrorism (Prevention and Prohibition) Act 2022.

    Count three “That you Jude Iheme ‘M’ 56 yrs of Amagwu Amanze Obowo LGA of Imo state, Chika Madukwe ‘M’ 42 years of Ndi-Uche Etiti Omuimo LGA of Imo State and others now at large on about the 20th December, 2022 at Amanze village Obowo LGA of Imo state within the jurisdiction of this court while acting in concert and having information through your communication with the kidnappers that HRH Eze Basil Njoku of Amanze Obowo Autonomous Community in Imo State was attacked and kidnapped on his way from Federal Medical Centre Umuahia which information was material to the apprehension of the kidnappers, you failed to immediately disclosed the information to relevant agencies and thereby committed an offence contrary to section 16(1)(b) of Terrorism (Prevention and Prohibition) Act 2022.

  • NBA-NEC removes SPIDEL’S leadership

    NBA-NEC removes SPIDEL’S leadership

    The leadership of the Section on Public Interest and Development Law (SPIDEL) has been removed by a unanimous vote of the Nigerian Bar Association’s National Executive Council (NBA-NEC).

    All the court cases that the outgoing SPIDEL executives filed are to be withdrawn, according to a caretaker committee that has been constituted.

    This was the outcome of the most recent NEC quarterly meeting, which took place in Jos.

    The caretaker committee is comprised of Ben Oji of the Warri Branch, Funke Aderemi of the Ilorin Branch, Yakubu Philemon, SAN of the Abuja Branch, and Eva Amadi of the Port Harcourt Branch.

    The committee was also mandated to withdraw all court cases filed by the removed SPIDEL leaders.

    The NBA NEC further proscribed the Forum of Body of vice chairmen and any other forum or body unknown to the NBA constitution.

    Additionally, the NEC passed a vote of confidence on the NBA executive committee led by President Yakubu Chonoko Maikyau, SAN.

    Maikyau had accused SPIDEL chairman, John Aikpokpo-Martins of taking unauthorized actions beyond the section’s mandate.

    He consequently ordered officials to halt activities pending a meeting on February 1st.

    Meanwhile, the Nigerian Bar Association (NBA) has scheduled its 2024 national officers elections to take place on July 20th.

  • Alleged N4bn fraud: Court hears Obiano’s motion on jurisdiction, March 7

    Alleged N4bn fraud: Court hears Obiano’s motion on jurisdiction, March 7

    The Federal High Court, Abuja has fixed March 7, to hear a motion filed by former Anambra Governor, Willie Obiano, challenging the jurisdiction of the court to hear the alleged N4 billion fraud charge filed against him by the federal government.

    The former governor is answering a nine-count charge bordering on alleged money laundering to the tune of N4billion, proffered against him the Economic and Financial Crimes Commission, (EFCC).

    He allegedly directed the diversion of the total N4 billion from the state’s account between April 2017 and March 2022, and spent the money for purposes unconnected to the security affairs of Anambra.

    On Monday, the Prosecution which was scheduled ready to called their witnesses was halted as Counsel to Obiano, Mr Onyechi Ikpeazu, SAN, informed the court that he had filed a motion challenging jurisdiction on behalf of his client.

    Confirming the service of the motion on notice, the prosecution counsel, Mr Sylvanus Tahir, SAN, however, said that he had yet to file a reply because he was served the motion on Monday morning in court.

    He drew the attention of these court that the issue on jurisdiction had been settled by the Supreme Court, adding that charges bordering on money laundering are decided at the Federal High Court.

    Justice Inyang Ekwo advised the prosecutor to do his part by filing his response to the motion.

    “It is not for you to tell the court the Supreme Court’s decision on the issue. Respond to the motion and leave the court to decide.”

    Obiano, who was governor from March 2014 to March 2022, allegedly diverted the money from the state’s account dedicated to security funds in his last five years in office.

    The Prosecution alleged that the finds were diverted through companies that had no business relationship with the Anambra government, converted to dollars and handed over to the former governor in dollars.

    The case, filed by EFCC detailed the nine companies allegedly used for diverting the funds from the state government’s security vote account.

    The federal government claimed that from Feb. 16, 2018 to March 9, 2018, an aggregate sum of N223,371,000 was paid from the security vote account into the account of Connought International Services Limited.

    The charge sheet claimed that from Oct. 30, 2018 to Nov.13 2018, a total sum of N95 million was paid from the security vote account into the bank account of S.Y. Panda Enterprises.

    Also, the prosecution alleged that from April 11, 2017 to June 21, 2019, a total of N416,000,000 was diverted from security vote account into the account of Zirga Zirga Trading Company Limited.

  • Bayelsa Guber: Election Petition adjourns indefinitely as Sylva, APC allege bias

    Bayelsa Guber: Election Petition adjourns indefinitely as Sylva, APC allege bias

    The former governor of Bayelsa State, Chief Timipre Sylva and the All Progressives Congress (APC), have passed a vote of no confidence on the Panel of the Election Tribunal sitting on a petition filed against the election of Governor Duoye Diri.

    Consequently, the tribunal adjourned indefinitely pending the decision of the Court of Appeal President, Mrs Monica Dongban-mensem, on a petition against the three-member panel led by Justice Adekunle Adeleye.

    At the resumption of the petition, Monday,
    the Independent National Electoral Commission (INEC), were called up to open its defence, however, counsel to the petitioners, Mr R. O. Balogun, SAN, informed the tribunal of a petition and letter written to the President of the Court of Appeal and the Secretary of the tribunal, complaining of bias and lack of fair hearing.

    The former governor and his party, in the petition specifically asked the president to disband the panel and constitute a new one, adding that the petitioners still have up till May 28, for the expiration of their petition.

    They moved to adjourned further proceedings, pending the decision of the Court of Appeal President.

    Although, INEC, Diri, and his deputy, Senator Lawrence Ewhrujakpo, had initially opposed the request for adjournment, but made a u-turn, after the People’s Democratic Party (PDP), pointed out that it is the petitioners case and they can spend the whole year, arguing it.

    In their petition, they posited that record of proceedings obtained so far, showed that observations comments made by the tribunal suggested that they have already made up their minds to favour the respondents.

    They maintained that the record showed that the tribunal on its own made observation in writing to the extent that the pattern of writing witness statement on oath by the witnesses called by the petitioners are the same.

    The petitioners also said to have observed in the record of proceedings that the signatures of the witnesses are the same without calling experts, to establish so.

    While pointing out that the panel have already concluded that the polling units results tendered by the petitioners are fake, they submitted that it was wrong for the tribunal to make the observation on the record of proceedings.

    They said based on the above they no longer have faith and confidence in the panel and urged the panel to suspend further trial until their petition is resolved by the president of the Court of Appeal.

    Former governor and immediate past Minister of State for Petroleum, Chief Timipre Sylva and the APC, are challenging INEC’s declaration of Diri as the winner of the November 11 governorship poll in Bayelsa State.

    According to them, the electoral umpire denied them of votes in their “strong areas”, when it cancelled results in three Local Government Areas of Nembe, Ogbia and Southern Ijaw, on alleged disruption of the electoral process and diversion of electoral materials.

    However, after calling a total of 52 witnesses, out of the 224 lined up to prove their allegations against the election, the petitioners announced that they were satisfied with the prosecution of their case and would like to close it.

    Following the closure of their case last week, the panel fixed March 4, for the respondents to open their defence.

    However, the respondents could not open their defence due to the petition against the panel.

    INEC had declared Diri and the PDP winner of the November 11, 2023 governorship election in Bayelsa State, having won majority of the votes cast at the election.

    According to the Returning Officer, Professor Faruq Kuta, the PDP and Diri polled 175, 196 votes to defeat his closest rival, Timiprey Sylva of the APC who scored 110,108 votes.

    Dissatisfied, Sylva and APC had approached the tribunal to challenge the declaration of Diri as winner of the November 11 governorship election.

    The petitioners are asking the tribunal to hold that contrary to the position of the electoral umpire, election held in some polling units and winners declared at the said units, adding that it was wrong of INEC to disregard the results at the ward and local government level.

    It is their claim that if the said cancelled results were restored by the court, they would emerge winner of the November election.

    But the respondents especially INEC which conducted the election submitted that election in three local governments of Southern Ijaw, Ogbia and Nembe, did not hold due to incidents of alleged diversions of materials and disruption of the electoral process over alleged bypass of the BVAS machine.

    They had tendered the Form EC40G to confirm that there were no elections in the said polling units.

    In addition the respondents brought CTCs of results from INEC to prove that the results brought before the court as evidence that election held at the polling units were forged by the petitioners.

  • IPOB: Kanu knows fate on fresh bail application, March 19

    IPOB: Kanu knows fate on fresh bail application, March 19

    Nnamdi Kanu, the self acclaimed leader of the proscribed Indigenous People of Biafra (IPOB), will on March 19, know fate on his fresh bail application in the terrorism charges against him by the federal government.

    The trial judge, Justice Binta Nyako, fixed the date after taking arguments from his counsel, Alloy Ejimakor, praying for his bail, while counsel to the FG, Adegboyega Awomolo SAN objected to granting of bail.

    In his argument, Kanu prayed for bail to enable him to have unfettered access to his lawyers for his defense.

    He also claimed to be suffering from acute hypertension and acute heart disease, among other diseases.

    Responding, FG objected to the application on the ground that Kanu was once granted bail but jumped and fled the country.

    Awomolo posited that all the bail conditions set by the court were breached and violated and pleaded with the court to dismiss the request.

    On another motion before the court, Kanu prayed the court not to allow continuation of his trial until certain conditions were met by the federal government.

    Among others, he requested that Department of State Security (DSS)operatives be barred from interfering with his lawyers during visitation.

    He also asked that the court should compel the federal government to wear the clothes of his choice.

    Reacting, the federal government objected to the request on the ground that he has no right under any law to dictate how his trial should be conducted.

    Consequently, Awomolo asked the court to dismiss the motion on the ground that it was a gross abuse of the court process that must not be allowed.

    In the meantime, the matter will continue March 19 for ruling on the bail application.

  • Terrorism charge: Kanu, FG, engage new lawyers

    Terrorism charge: Kanu, FG, engage new lawyers

    The leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu, has engaged new lawyers in his defense of the terrorism offences brought against him by the Federal Government.

    It was gathered that a new team of lawyers to be led by PAM Ejiofor and Alloy Ejimakor will take over Kanu’s defense in the 7-count charges.

    In the same vein, the federal government engaged the services of Chief Adegboyega Awomolo to lead its legal team in the prosecution.

    Awomolo is taking over from David Kaswe SAN, from the Federal Ministry of Justice in Abuja, who has been handling the case for the federal government.

    No reason was given for the change in the legal team being led before now by Chief Mike Ozekhome SAN and Ifeanyi Ejiofor.

    Meanwhile, the court has already been jam parked by lawyers, traditional rulers, clergymen, family members, and sympathizers of the Biafra agitator present.

    Kanu has already been brought to the courtroom by the operatives of the Department of State Service DS$

    Details later.

  • CJN Swears-in 11 New Supreme Court Justices, Monday

    CJN Swears-in 11 New Supreme Court Justices, Monday

    The Chief Justice of Nigeria (CJN) Justice Olukayode Ariwoola will be administering the oath of allegiance to the 11 newly appointed Justices of the Supreme Court, Monday, February 26.

    With the confirmation of the 11 justices, the Supreme Court now has the complete statutory requirement of 21 justices on its bench.

    This was contained in a statement signed by the Director of Press, Dr Featus Akande, Friday.

    He said, “The newly appointed 11 Justices of the Supreme Court will be sworn-in by the Chief Justice of Nigeria, Justice Olukayode Ariwoola on Monday at 10.00am at the Main Courtroom of the Supreme Court.”

    On December 21, the Senate confirmed the appointment of 11 Supreme Court justices submitted by President Bola Ahmed Tinubu to fill the vacancies on the apex court bench.

    The confirmation followed the consideration and adoption of a report by the Senate Committee on Judiciary, Human Rights, and Legal Matters during Thursday’s plenary.

    Tinubu had asked the Senate to confirm the nominees, who were recommended by the National Judicial Council to fill the vacant positions following the death and resignations of some justices.

    The nominees confirmed are Justice Haruna Tsammani (Northeast), who chaired the Presidential Election Petition Court, Justice Moore Adumein (South-South), Justice Jummai Sankey (North-central), Justice Chidiebere Uwa (South-east); and Justice Chioma Nwosu-Iheme (South-east).

    Others are Justice Obande Ogbuinya (South-East), Justice Stephen Adah (North-Central), Justice Habeeb Abiru (South-West), Justice Jamilu Tukur (Northwest), Justice Abubakar Umar (Northwest) and Justice Mohammed Idris (North-Central).

    The chairman of the committee, Senator Tahir Monguno (APC, Borno), while presenting his panel report, said the nominees possessed the requisite qualifications and experience to occupy the position and that there was no petition against them.

    He, therefore, recommended their confirmation.

  • Botched 2023 Census: Court asks NPC to release detail spending

    Botched 2023 Census: Court asks NPC to release detail spending

    Justice Inyang Ekwo of the Federal High Court, Abuja, has ordered the National Population Commission (NPC) to release details of spendings on the aborted 2023 Population Census to an Abuja based lawyer, Opatola Victor within seven days.

    The judge declared that the refusal by the NPC to release the information or records of spendings on the aborted census as requested by the lawyer on March 30, 2023, was illegal and unconstitutional.

    On the strength of Section 4 of the Freedom of Information Act, (FOI) the court held that the refusal of the commission to provide the plaintiff with information on the companies that provided due diligence report on the technology to be deployed for the ill-fated census was a gross violation of the right of the plaintiff.

    The court, however, refused to grant N500,000 in favour of the plaintiff as he requested in the suit.

    In the judgment, the judge granted an order of mandamus compelling the NPC, its servants, agents privies and officials to furnish the lawyer with comprehensive and detailed information concerning the Quality Test Assurance Report on the devices and technology to be deployed for the postponed 2023 population census.

    Justice Ekwo rejected the claim by the defendant that bureaucracy and the absence of its executive chairman at the time was responsible for the refusal to make the requested records available to the plaintiff adding that the claim was untenable.

    The judge also dismissed the claim by the NPC that some of the requested information was classified which prompted the refusal to make the records available to the plaintiff, adding that from the definition of classified information, there was nothing secret on the issue of population census.

    Justice Ekwo also said that the position of the commission that the record sought by the plaintiff was already in the public domain was not tenable because the request of the plaintiff was on record at the disposal of the NPC and not the one in the public domain.

    The Abuja lawyer had in the suit marked FHC/ABJ/CS/ 503/2023 prayed the court for an order that the refusal of the population commission to make the record of spendings on the aborted population census among others, available to him was a breech of his rights under Section 4 of the FOI Act 2012.

    He has prayed the court for an order of mandamus compelling the population commission to make the requested records of the aborted 2023 population census available to him in line with the provisions of the FOI Act.

    Although the plaintiff requested for a compensation of N500,000 for the breach of his rights by NPC under FOI, Justice Ekwo turned down the request on the grounds that the commission was not convicted for any offense.

  • FG To Resume Trial Of IPOB Leader Nnamdi Kanu On Terrorism Charges

    FG To Resume Trial Of IPOB Leader Nnamdi Kanu On Terrorism Charges

    The Federal Government of Nigeria is set to recommence the trial of Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), on terrorism charges.

    Following a Supreme Court judgment on December 15, 2023, permitting the continuation of the trial, proceedings are scheduled to resume on Monday, February 26.

    The trial will take place before Justice Binta Nyako at the Federal High Court in Abuja, as indicated in a notice viewed by reporters. 

    Notably, Kanu’s lead counsel, Mike Ozekhome, and the Attorney General of the Federation and Minister of Justice have been duly notified.

    Efforts have also been made to ensure Kanu’s presence in court, with the Director General of the Department of State Services (DSS) contacted for this purpose. 

    Kanu has been in DSS custody since his arrest in Kenya on June 19, 2021, and subsequent extradition to Nigeria.

    Initially facing 15-count terrorism charges, Justice Binta Nyako dismissed eight of the charges during the trial. 

    The Court of Appeal in Abuja later overturned the entire terrorism case in October 2022, citing the unlawful rendition of Kanu by the Nigerian government from Kenya.

    However, the Supreme Court, in a unanimous judgment delivered by Justice Garba Lawal on December 15, 2023, overturned the Court of Appeal’s decision, affirming the continuation of Kanu’s trial. 

    Despite acknowledging the irregularities in Kanu’s extradition, the Apex Court emphasized that such actions did not hinder the court’s authority to proceed with the trial, suggesting that the appropriate remedy for Kanu would be through a civil matter against the government.

  • Federal High Courts embark On Easter Vacation, March 22

    Federal High Courts embark On Easter Vacation, March 22

    The Chief Judge of the Federal High Court of Nigeria, Justice John Terhemba Tsoho, has announced that the courts will embark on Easter vacation from March 22 to 8th April 2024.

    This is Pursuant to the provisions of Order 46, Rule 4 (b) of the Federal High Court (Civil Procedure) Rules, 2019 (as amended).

    A statement signed by the Assistant Director of Information,
    Catherine Oby Christopher,PhD.
    Assistant Director Information, indicated list of vacation judges.

    The Court resumes sitting on Tuesday, 9th April, 2024 in all Judicial Divisions.

    During the vacation period, the Abuja, Lagos and Port-Harcourt Judicial Divisions shall remain open to the public only for cases of extreme urgency.

    It is essential to stress that, during the vacation, only matters relating to enforcement of Fundamental Rights; Arrest or Release of Vessels and matters that concerns dire National Interest are to be entertained by Vacation Judges.

    The Abuja Judicial Division will cater for cases from the Federal Capital Territory, North Central, North Western, and North Eastern parts of the Country.

    The Lagos Division will cater for cases from all the South Western States, while the Port-Harcourt Judicial Division will cater for cases from all states within the South-South and South Eastern Geo-political Zones.

    The following Hon. Judges will serve as Vacation Judges:

    ABUJA JUDICIAL DIVISION: Hon. Justice I.E. Ekwo and Hon. Justice D.U. Okorowo

    LAGOS JUDICIAL DIVISION has
    Hon. Justice A.O. Awogboro and Hon. Justice Ibrahim I. Kala

    While PORT-HARCOURT JUDICIAL DIVISION has Hon. Justice A.T. Mohammed and Hon. Justice S.I. Mark as their vacation judges.

    The Vacation Judges and Heads of Divisions are as usual advised to promptly refer to the Hon. Chief Judge all matters which they believe may require His Lordship’s urgent attention and directives.

    The Chief Judge of the Federal High Court of Nigeria, Honorable Justice John T. Tsoho, wishes his fellow lordships a wonderful vacation in advance.