Cloned Nigerian Anchor

Author: Vivian Michael

Emefiele Not Owner Of Firm That Awarded N1.2bn Contract – Witness

The first prosecution witness, Samsideen Romanus, in the trial of the former Governor of the Central Bank of Nigeria CBN, Godwin Ifeanyi Emefiele, exonerated him of wrong doings in the Award of N1.2bn vehicle supply contracts by CBN under him.

In his testimonial, an official of the Corporate Affairs Commission (CAC) gave evidence on how the company, April1616 Investment Limited, was incorporated on August 1, 2016 and tendered several documents on how the company was floated.

Economic and Financial Crimes Commission (EFCC) is prosecuting Emefiele on six counts charge bordering on alleged breach of procurement procedure in the award of the contract to April1616 Investment Limited.

According to the witness, the shareholders of the Company are Aminu Idris Yaro, Maryam Aliyu Abdullahi and Saadatu Ramalan Yaro as joint owners of the entity.

Led in evidence by the counsel to the Anti-graft agency, Rotimi Oyedepo SAN, the witness said that Emefiele’s name was not in anyway connected with the company.

The second witness, Remigious Ugwu, a Compliance Officer with Zenith Bank told the on how various sums of money in millions of naira were paid by the CBN into the April1616 Investment Limited.

Specifically, he told Justice Hamza Missing how on October 19, 2020, a sum of N39, 060, 465. another N421, 953, 488 on November 6, 2020 and and the third one N304, 883, 720 was paid on November 23, 2020 to the same company by CBN.

Similarly, he said that N304, 883, 720 was paid on January 1, 2021 and another N304, 883, 720 paid the same company on March 23, 2021 by the Central Bank of Nigeria.

He admitted that non of the payments has any link Emefiele’s name while also that he did not know the purpose of the payments.

The witness who tendered various documents on behalf of the bank said that the former CBN governor was not a signatory to the bank account of the company.

The third witness, Oluwole Owoeye, a Deputy Director, Banking Services with CBN and former Secretary to Major Contract Tendering Committee MCTC of the CBN said that his body was responsible for ensuring of compliance with Procurement Act told the court by CBN in the award of contracts.

Owoeye however informed the court that his committee was not involved in the vetting of bidding for the award of contracts that led to prosecution of Emefiele.

The witness explained that another committee handled the bidding because it was above the thresholds of his own Committee

“My Lord, all I know is through our records is that contracts for award of vehicle supplies were awarded to April1616 but I cannot say whether the contracts were executed or paid for because my Committee played no role”.

He admitted that MCTC and Procurement Department were fully functional while Emefiele held sway as CBN governor.

Meanwhile, further trial has been adjourned till January 18 and 19 next year.

The former CBN Chief was accused of conferring corrupt advantages on a staff of CBN, Mrs Saadat Ramallan Yaro through awards of vehicle supply contracts worth over N1.2 bn contrary to section 19 of the Corrupt Practices and other Related Offences Act 2000.

He had denied the six count criminal charges.

11/28/2023
Tinubu’s Reforms Will Bring Prosperity To Nigeria -AGF

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), has said ongoing reforms of President Bola Ahmed Tinubu will bring economic prosperity and stability to Nigeria.

He urged Nigerians to be patient with the president and support the reforms being introduced across the board.

Fagbemi spoke during a prayer organised in his honour by his family in his Ijagbo country-home in Oyun Local Government of Kwara State on Friday.

The event was attended by the state governor, Abdurrazaq Abdurrahman; monarchs, friends and well wishers.

A statement signed by the S A Communication & Publicity to AGF& Minister of Justice, Kamarudeen Ogundele, stated that the minister assured Nigerians of the president’s determination to take the country out of the woods.

He said, “The president is not looking for self aggravadisement. He’s seeking a better future for the country.

” Immediately after his swearing in, he has been all out to seek investors’ buy-in. As a result, positive responses have been trailing his discussions with foreign investors. The only thing we need is to exercise some patience. Even if you plant a tree, it won’t grow into fruition until after a while.

“Nigerians need to be patient; things will improve greatly in the coming days. The sacrifices of today will translate to a greater future for the country. I know with prayers and support of Nigerians, the country will emerge stronger.”

The AGF commended the governor for his giant strides in the state.

11/26/2023
Kebbi Guber: Appeal Court Upholds Nasir Idris’ Election

The Court of Appeal in Abuja on Friday, declared Governor Nasir Idris as the authentic winner of the March 8th governorship election of Kebbi State.

it therefore, dismissed the appeal of the People’s Democratic Party PDP and its Governorship candidate, General Aminu Bande for lacking in merit.

In a unanimous judgment delivered by Justice Ndukwe Anyannwu, the Appellate Court resolved all the five issues formulated for determination in favour of the governor and against PDP.

Justice Anyanwu held that the allegations of forgery of testimonial brought against the Deputy Governor of the State, Abubakar Umar Tafida was not established as required by law.

She also held that the issues of non compliance with the provisions of the Electoral Act in the conduit of the election could not stand because the appellants failed to proof how the allegations substantially affected the election.

Justice Anyanwu subsequently affirmed the judgment of the Kebbi State Governorship Election Petitions Tribunal which had earlier dismissed the petition of PDP and affirmed the election of the governor.

11/24/2023
Kaduna Guber: Appeal Court Upholds Gov Sani’s Election

*Says Election Not Inconclusive

The Court of Appeal sitting in Abuja on Friday, cancelled the Kaduna State Governorship election tribunal order for election rerun and affirmed the election of Governor Uba Sani of Kaduna State.

The Appellate Court dismissed an appeal instituted by the Peoples Democratic Party, PDP, and its candidate, Mohammed Ashiru, challenging the outcome of the governorship election that was held in the state on March 18.

In a lead judgement that was delivered by Justice Obietonbara Daniel-Kalio, the court upheld the verdict of the Kaduna State Election Petition Tribunal, which validated Governor Sani’s election.

It held that the tribunal was right in its majority decision when it declared the petition by the PDP and its candidate as abandoned.

It resolved all the five issues that were raised in the appeal, against the Appellants.

Justice Obietonbara Owupele Daniel-Kalio who read judgments of the Court of Appeal on the main and cross appeal, also reversed the order of the Tribunal on the Independent National Electoral Commission INEC to conduct supplementary elections in 22 polling units in four Local Government Areas of the state.

In the main appeal, Justice Daniel-Kalio resolved all the five formulated issues against the Peoples Democratic Party (PDP) and its candidate in the 2023 election, Mohammed Isah Ashiru.

The five issues bothered on alleged malpractices, over voting, manipulation of results collations and ballot stuffing made by PDP and its Governorship candidate.

In the cross appeal filed by the All Progressives Congress APC, which challenged the declaration of the election inconclusive, the Court of Appeal resolved the three formulated issues in favour of the party and vacated the declaration of the Tribunal.

The Court held that evidence relied upon by the Tribunal to declare the election inconclusive were manifestly bad, unreliable and ought not to have given any probative value.

A 3- man panel of Justices of the Court headed by Justice Obietonbara Owupele Daniel-Kalio and supported by James Gambo Abundaga and Mohamed Baba Idris delivered the unanimous judgments.

“The appeal lacks merit and it is accordingly dismissed. Parties are to bear their respective costs,” the court held.

“An order dismissing the alternative reliefs of the petition for a supplementary election in any polling unit in Kaduna State, which was granted by the tribunal.

“An order striking out the 1st and 2nd cross respondents’ (PDP and Isa) petition for being statute barred.

“An order striking out the 1st and 2nd cross respondents’ petition for non-compliance with the Electoral Act, 2022.

Earlier, the panel had dismissed Ashiru’s appeal before making pronouncement on the cross appeal.

Governor Sani’s cross-appeal was argued by his legal team, headed by former Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo, SAN.

The governor, in his cross-appeal against the alternative ruling, listed 14 grounds of errors, committed by the tribunal in arriving at its second conclusion.

11/24/2023
Nasarawa Guber: Appeal Court Overturns Tribunal Verdict, Reinstates Abdullahi Sule

The Abuja Division of the Appeal Court on Thursday reversed the sack of the Nasarawa State Governor, Abdullahi Sule by the State Election Petitions Tribunal in its judgment delivered on October 2.

Declaring the tribunal verdict a nullity, the court held that the Ezekiel Ajayi-led tribunal acted in grave error in using witness statements on oath and not front-loaded as required by law to arrive at the unjust conclusion of nullifying the election of the governor.

The appellate court, in its judgment delivered by Justice Uchechukwu Onyemenam, said that the Tribunal was legally bound to act on witness statements filed along with the petition or front loaded within 21 days stipulated by law.

The Court held that no petition can lawfully be amended outside the 21 days allowed by law as wrongly done by the Tribunal.

Since the statements used by the Tribunal to sack the Governor were not front loaded in compliance with law, the statements were product of illegality with no probate value tor a law Court to act upon.

The Court also dismissed the over voting issues also used to annul the election adding that allegations to that were not established by law.

Justice Onyemenam held that the petition by the Governorship candidate of the People’s Democratic Party PDP was a nullity and invalid on the ground that the jurisdictional issues raised by the governor was unlawfully ignored by the Tribunal.

According to the Court of Appeal, the Tribunal denied the governor fair hearing by not considering and making findings on the issues of jurisdiction raised at the hearing of the petition.

Justice Onyemenam agreed that denial of fair hearing against the governor was fatal and tendered all decisions of the Tribunal invalid.

In all, the Court of Appeal reversed all orders made against the governor and the Independent National Electoral Commission INEC and affirmed Sule as the lawfully elected governor of the state.

INEC had declared Sule winner of the governorship election on the ground that he polled a total of 347,209 votes to defeat his closest opponent David Emmanuel Ombugadu who secured 283,016 votes.

In a split decision on October 2, the tribunal nullified Sule’s election and upheld Ombugadu as the winner.

11/23/2023
Kano Guber Judgement Saga: Appeal Court Cites Clerical Error

The Chief Registrar of the Court of Appeal, Mr Umar Mohammed Bangari has cleared air on the controversies surrounding the judgment delivered by the Court on Kano gubernatorial election dispute.

Bangari in reaction to the controversies said that what happened in the judgment body was a clerical error that did not in anyway invalidate or change the findings and conclusion of the court.

The Chief Registrar assured that the clerical error would be rectified once parties in the matter file formal application to that effect.

He drew the attention of newsmen to Order 23 Rule 4 of the Court of Appeal Handbook which empowers the court to correct any clerical error once detected by the court or any of the parties in the matter.

He however insisted that contrary to insinuations, the judgment of the court remains valid.

“What happened in the part of the judgment is just a mere clerical error that ought not to draw any issue. The Court is empowered to correct such clerical error and would be done as appropriate.

There had been misgivings and a series of interpretations into the judgment which upheld the judgment of Kano State Governorship Election Petition Tribunal that invalidated the election of Kabir Yusuf of the New Nigeria People’s Party (NNPP) as winner of the March 18 gubernatorial poll.

11/22/2023
Chief Judge Releases Postings For 23 New Judges

Sequel to the appointment of 23 new judges, the Honorable Chief Judge of the Federal High Court, Hon. Justice John Terhemba Tsoho, has released a new posting of the court’s judges to various divisions across the country.

The Chief Judge directed the affected judges to report at their duty stations before the date of resumption from the Christmas vacation, being the 8th day of January, 2023.

In a statement signed by the Assistant Director Information of the court, Catherine Oby Christopher, PhD, on Wednesday, the CJ wished his fellow lordships a wonderful vacation in advance.

Below is the list of judges and their new postings:

1. ABUJA :

1. HON. JUSTICE J.T. TSOHO — Chief Judge

2. HON. JUSTICE G.K. OLOTU

3. HON. JUSTICE B.F.M. NYAKO

4. HON. JUSTICE R.N. OFILI- AJUMOGOBIA

5. HON. JUSTICE A.R. MOHAMMED

6. HON. JUSTICE I. E. EKWO

7. HON. JUSTICE D.U. OKOROWO

8. HON. JUSTICE JOYCE OBEHI ABDULMALIK

9. HON. JUSTICE JAMES KOLAWALE OMOTOSHO

10. HON. JUSTICE EMEKA NWITE

11. HON. JUSTICE OBIORA ATUEGWU EGWUATU

12. HON. JUSTICE MOBOLAJI OLUBUKOLA OLAJUWON

13. HON. JUSTICE NKEONYE EVELYN MAHA

2. UMUAHIA -ABIA

1. HON. JUSTICE SUNDAY ONU

2. HON. JUSTICE MUSA KAKAKI

3. YENAGOA — BAYELSA

1. HON. JUSTICE ISA HAMMA ADAMA DASHEN

2. HON. JUSTICE SALIM OLASUPO IBRAHIM

4. BENIN -EDO

1. HON. JUSTICE S. M. SHUAIBU

2. HON. JUSTICE CHUKA AUSTINE OBIOZOR

5. BIRNIN KEBBI.- KEBBI

1. HON. JUSTICE EMMANUEL GAKKO

6. KADUNA

1. HON. JUSTICE R.M. AIKAWA

2. HON. JUSTICE HAWAU BUHARI

7. KANO

1. HON. JUSTICE A.M. LIMAN

2. HON. JUSTICE M.N. YUNUSA

3. HON. JUSTICE S.A. AMOBEDA

8.   LAGOS

1. HON. JUSTICE J.T. TSOHO – Chief Judge

2. HON. JUSTICE A.O. FAJI

3. HON. JUSTICE A. LEWIS -ALLAGOA

4. HON. JUSTICE C.J. ANEKE

5. HON. JUSTICE YELLIM S. BOGORO

6. HON. JUSTICE DANIEL EMEKA OSIAGOR

7. HON. JUSTICE AKINTAYO ALUKO

8. HON. JUSTICE PETER ODO LIFU

9. HON. JUSTICE ABIMBOLA O. AWOGBORO

10. HON. JUSTICE DIPEOLU DEINDE ISAAC

11. HON. JUSTICE OGUNDARE KEHINDE OLAYIWOLA

12. HON. JUSTICE IBRAHIM AHMAD KALA

13. HON. JUSTICE OGAZI FRIDAY NKEMAKONAM

9. ILORIN -KWARA

1. HON. JUSTICE EVELYN NMASINULO ANYADIKE

2. HON. JUSTICE ARIWOOLA OLUKAYODE JNR.

10. AKURE – ONDO

1. HON. JUSTICE TOYIN BOLAJI ADEGOKE.

2. HON. JUSTICE OWOEYE ALEXANDER OLUSEYI

11. IBADAN -OYO

1. HON. JUSTICE UCHE N. AGOMOH

2. HON. JUSTICE EKERETE UDOFOT AKPA

12. ABEOKUTA -OGUN

1. HON. JUSTICE A.A. OKEKE

2. HON. JUSTICE ADEFUNMILOLA ADEKEMI DEMI – AJAYI

13. ADO -EKITI, EKITI

1. HON. JUSTICE B.O. KUEWUMI

2. HON. JUSTICE B.O. QUADRI

14.   ASABA- DELTA

1. HON. JUSTICE F.A. OLUBANJO

2. HON. JUSTICE AGBAJE OLUFUNMILOLA ADETUTU

15.   AWKA – ANAMBRA

1. HON. JUSTICE NNAMDI DIMGBA

16. ABAKALIKI – EBONYI

1. HON. JUSTICE HYELADZIRA AJIYA NGANJUWA

2. HON. JUSTICE M.T. SEGUN- BELLO

17.   OWERRI -IMO

1. HON. JUSTICE INIEKENIMI NICHOLAS OWEIBO

2. HON. JUSTICE WIGWE-OREH CHITURU JOY

18. WARRI- DELTA

HON. JUSTICE I.M. SANI

19. PORT HARCOURT —RIVERS

1. HON. JUSTICE P.I. AJOKU

2. HON. JUSTICE E.A. OBILE

3. HON. JUSTICE PHEOBE MSUEN AYUA

4. HON. JUSTICE STEPHEN DAYLOP PAM

5. HON. JUSTICE ADAMU TURAKI MOHAMMED

6. HON. JUSTICE SA’ADATU IBRAHIM MARK

20. CALABAR — CROSS – RIVER

1. HON. JUSTICE I. L. OJUKWU

2. HON. JUSTICE ROSEMARY O. DUGBO. OGHOGHORIE

21. UYO — AKWA-IBOM

1. HON. JUSTICE M.A. ONYETENU

2. HON. JUSTICE ONAH CHIGOZIE SERGIUS

22. MAKURDI – BENUE

1. HON. JUSTICE M.S. ABUBAKAR

2. HON. JUSTICE EGBE RAPHAEL JOSHUA.

23. ENUGU

1. HON. JUSTICE M.G. UMAR

2. HON. JUSTICE F.O. GIWA- OGUNBANJO

24. MAIDUGURI -BORNO

1. HON. JUSTICE JUDE KANYIOH DAGAT

2. HON. JUSTICE TIJJANI GARBA RINGIM

25. YOLA- ADAMAWA:

1. HON. JUSTICE SALEH KOGO IDRISSA

2.   HON. JUSTICE ABDULAZEEZ M. Z. ANKA

26. BAUCHI

1. HON. JUSTICE MUSA SULAIMAN LIMAN

2. HON. JUSTICE AISHATU AUTA IBRAHIM

27. KATSINA

1. HON. JUSTICE AHMAD GAMA MAHMUD

2. HON. JUSTICE HUSSAINI DADAN- GARBA

28. GUSAU-ZAMFARA

1. HON. JUSTICE AMINU BAPPA ALIYU

29. JALINGO – TARABA

1. HON. JUSTICE BALA KHALIFA- MOHAMMED USMAN

30. MINNA -NIGER

1. HON. JUSTICE GARBA AMINU

2. HON. JUSTICE MUHAMMAD DAN- IGE

31. LAFIA -NASARAWA:

1. HON. JUSTICE NEHIZENA IDEMUDIA AFOLABI

2. HON. JUSTICE ANYALEWA ONOJA -ALAPA

32. LOKOJA -KOGI

1. HON. JUSTICE ABDU DOGO

2. HON. JUSTICE ABIODUN JORDAN ADEYEMI

33. JOS-PLATEAU

1. HON. JUSTICE D.V. AGISHI

2. HON. JUSTICE SHARON TANKO ISHAYA

34. OSOGBO- OSUN:

1. HON. JUSTICE N. AYO- EMMANUEL

2. HON. JUSTICE MASHKUR SALISU

35. SOKOTO

1. HON. JUSTICE Z. B. ABUBAKAR

36. GOMBE

1. HON. JUSTICE HILLARY IDE OSHO OSHOMO

2. HON. JUSTICE AMINA ALIYU MOHAMMAD

37. DUTSE – JIGAWA

1. HON. JUSTICE HASSAN DIKKO

38. DAMATURU – YOBE:

1. HON. JUSTICE FADIMA MURTALA AMINU

2. HON. JUSTICE YILWA HAUWA JOSEPH.

11/22/2023
Court Adjourns Suit Challenging Olukoyede As EFCC Chairman To 2024

The Federal High Court, Abuja has fixed February 22, 2024, for hearing in the suit challenging the appointment of Mr Ola Olukoyede, as the Chairman of the Economic and Financial Crimes Commission (EFCC).
Justice Obiora Egwuatu stated this on Wednesday after the parties agreed that the date was convenient for all.
When the matter was called, the plaintiff, Mr Victor Opatola, a lawyer who chose to represent himself, told the court that he had received the preliminary objections to the suit from the Federal Government and the Attorney-General of the Federation.
Opatola, however, said that he had yet to receive any process from the National Assembly (NASS) and the EFCC chairman.
The counsel representing NASS, Mr Israel Obaniyi told the court that the legal department of the Assembly passed the information to his team only on Tuesday.
He said he would peruse the brief and file his response before the next adjourned date.
The EFCC lawyer, Mr R.O Adakole also told the court that he would also put his house in order before the next adjourned date.
The judge subsequently adjourned the matter until February 22, 2024.
Opatola, an Abuja-based lawyer had dragged the federal government, NASS and Attorney-General to court over alleged illegal appointment of Olukoyede, as the Chairman of EFCC.
The lawyer in the suit was challenging the validity of the appointment of the EFCC chairman.
The lawyer asked the court to determine whether by the true construction and interpretation of Section 2 (1) (a) of the EFCC Act 2004, Olukoyede, who had not fulfilled the conditions of the Act, could be validly appointed as the EFCC chairman.
He also asked the court to determine whether by the true construction and interpretation of Section 2(1)(a) of the EFCC Act 2004, the person appointed to the office of the chairman of the EFCC could be said to be above the rank of assistant commissioner of police or its equivalent.
“Whether by the true construction and interpretation of Section 2(1) (a) (iii) of the EFCC Act 2004, the interpretation of subsection (iii) should be read disjunctively of subsection (ii) of the act in a manner that Olukoyede, who was appointed to the office of the chairman of EFCC can be said to have 15 Years of cognate experience in any field outside the government security or law enforcement agency.
“Whether by the true construction and interpretation of Section 2(1) (a) (ii) (iii) of the EFCC Act 2004, the national assembly can validly confirm the appointment of Olukoyede who has not fulfilled the provisions of the law.”
Opatola also prayed the court to make further declarations upon the determination of the above questions.
“A declaration that pursuant to Section 2(1)(a) (ii)(iii) of the EFCC Act, the appointment of Olukoyede to the office of the EFCC chairman is illegal and void.
“A declaration that pursuant to Section 2(1)(a) (ii)(iii) of the EFCC Act, any confirmation of the 4th defendant’s appointment made by the national assembly is void and of no legal consequence.”
The counsel also asked the court for an order of perpetual injunction restraining the national assembly from confirming the appointment of the EFCC chairman.
He further prayed to the court for an order of perpetual injunction restraining Olukoyede from holding office as chairman of EFCC.

11/22/2023
Appeal Court Dismisses Uba, PDP’s Suit Against Gov Alia, Deputy

The Court of Appeal, Abuja division on Monday, dismissed an appeal instituted by the Governorship candidate of the People’s Democratic Party (PDP) Titus Uba, challenging the election of Hyacinth Alia as the elected Governor of Benue State.

In a judgement delivered by the lead Justice, Onyekachi Aja Otisi dismissed the allegations of non qualifications made by Uba against the Deputy Governor, Samuel Ode.

In a unanimous judgment, the Appallate Court held that the PDP gubernatorial candidate failed to establish forgery of INEC form EC9 by Ode beyond reasonable doubt as required by law.

Among others, the Court of Appeal said that the issues of non qualifications are pre-election matters which can only be challenged at a Federal High Court and not at the Governorship Election Petition Tribunal as done by Uba.

Also, Justice Otisi said that a suit to challenge non qualifications can only be instituted within 14 days of occurrence of the subject matter.

The Court also dealt with the allegations by Uba that the name of the Governor, Hyacinth Alia was not not submitted by the All Progressives Congress APC to the Independent National Electoral Commission INEC within 180 days before the election of March 18.

The Court held that the allegations can survive because the primary election that produce Alia was ordered by a High Court and was done within the period ordered by the court.

In the final analysis, Justice Otisi held that the appeal of Uba against the judgment of Benue State Election Petition Tribunal delivered on September 23 lacked merit and was dismissed.

The Court subsequently upheld the judgment of the Tribunal and rejected the plea of Uba to void it and set it aside.

11/20/2023
Lottery Regulation Feud: Supreme Court Hears Lagos, Ekiti Suit Against FG, March

Fifteen years later, the Supreme Court on Monday, fixed March 13, 2024 to hear a suit filed in 2008, by the Attorney General of Lagos State against the Federal Government, in respect of who controls and regulates the gaming and lottery sector.

Ekiti state was joined as co-Plaintiff in the suit following an order of the court made on October 6, 2020.

The Attorney General of the Federation is the 1st Defendant while the National Assembly is 2nd Defendant.

The Attorneys General of 34 other States, were joined as defendants by the Supreme Court on November 15, 2022.

A 7-man panel of the Supreme Court led by Justice Kudirat Kekere-Ekun, fixed the date at a resumed sitting on Monday.

Bode Olanipekun SAN, announced appearance for Lagos State Government while Adetunji Osho appeared for Ekiti state.

The Federal Government (1st Defendant) was represented by Innocent Daa’gba, while Ifeanyi Mrialike represented the National Assembly.

The Attorneys General of the 33 States were duly represented and announced appearances.

However, there was no legal representation for Kwara state despite being served with hearing notice.

The Supreme Court ordered Jigawa and Kaduna State Governments to put their houses in order by resolving the issue of legal representation before the next hearing date.

Meanwhile, the apex court panel unanimously deemed all the processes filed out of time by the defendants as duly and properly filed, having been regularized.

The application by the Attorney General of Oyo state to join as co- Plaintiff having been withdrawn, was struck out by panel.

Justice Kekere-Ekun advised that all the State Governments that are on one side in accordance with their respective interests should present a common argument in order to save the time of the court on the hearing date.

Speaking to judiciary correspondents at the Supreme Court, Innocent Daagba, said he had filed processes and submissions of the Federal Government since 2020, adding that the processes have been regularized by the court, which clears the coast for hearing of the matter.

Recall that on 15 August 2022, the Federal Government (the Nigerian Lottery Regulation commission and the Nigerian Lottery Trust fund) won against Lagos and other States, on the issue of multiple regulation in the gaming sector.

The Bookmakers association of Nigeria had initiated the lawsuit to determine the legitimate regulators of gaming businesses because they complained about paying multiple taxes and licensing fees to States and the Federal Government.

In the Suit NO: FHC/L/CS/15992020, filed before Hon. Justice I.N Oweibo of the Lagos High Court, the Judge declared that the Federal Government should be the sole regulator of gaming business in the country as the constitution is clear on the position of lottery in the exclusive list and the National Assembly can legislate on lottery matters.

Despite the judgement, there is still not an end to the back and forth bickering between the bookmakers and State Governments on multiple taxation and regulation.

On July 19, 2023, Justice Iniekenimi Oweibo of the Federal High Court (FHC) in Lagos State ruled that the Federal Government, through the National Assembly, had the exclusive right to legislate and control lottery activities in the country.

Few months after the FHC judgement, a Lagos State High Court delivered another judgement holding that matters pertaining to lottery and one-chance betting were subjects under the residual list in the constitution. By this, the judge held that Lagos State had the right to regulate the sector.

However, by a further amended originating summons marked SC/1/2008, the Plaintiffs want the apex court to declare “that lottery is not one of the 68 items in respect of which the National Assembly has the Exclusive vires to make laws under Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

They are seeking a declaration that having regard to the clear provisions of Section 4(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the National Assembly lacks the vires to legally and constitutionally make any Law to regulate and control the operation of lottery in Nigeria.

“A declaration that having regard to the clear provision of Section 4(4)(a), (b) and Part ll of the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended), matters relating to lottery do not fall within items which the National Assembly and State Houses of Assembly are concurrently empowered to make Laws with regard thereto.

“A declaration that having regard to the clear provisions of Section 4(7)(a) and (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Lagos State Government, vide the Lagos State House of Assembly has the power to the exclusion of the National Assembly, to make Laws to regulate and control the operation of lottery within Lagos State.

More so, the Plaintiffs are praying for, “A declaration that having regard to the clear provisions of Sections 4(4)(b), (7)(a) and 299(a) of the Constitution as amended, the power of the National Assembly to make Laws to regulate and control the operation of lottery is limited by the 1999 Constitution to only the Federal Capital Territory.

“A declaration that Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, made by the National Assembly are inconsistent with the provisions of the 1999 Constitution.

Further more, they want “A declaration that the National Lottery Act CAP N145, Laws of the Federation of Nigeria is inconsistent with the provisions of the 1999 Constitution.

In addition, the Plaintiffs want “An order nullifying Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria as well as an order nullifying the entirety of the National Lottery Act CAP N145, Laws of the Federation of Nigeria.

Also, they are praying for “An order of perpetual injunction restraining the 1st Defendant either by himself, agents’ privies, agencies of the Federal Government of Nigeria or Federation of Nigeria through anybody acting on their behalf from implementing the provisions of Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within the territory, of Lagos State.

“An order of perpetual injunction restraining the 1st Defendant either by himself, agents, privies, agencies of the Federal Government of Nigeria or Federation of Nigema, or through anybody acting on their behalf from taking any step or action aimed at enforcing or continuing to enforce any/or all of the provisions of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within the territory of Lagos State.

“An order for the 1st Defendant to give account of all revenues earned by the Federation of Nigeria, with respect to implementation of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within Lagos State and pay same over to the Plaintiff.

11/20/2023