Author: Vivian Michael

  • Rivers Crisis: Oko-Jumbo- led Assembly insists on challenging A’Court decision

    Rivers Crisis: Oko-Jumbo- led Assembly insists on challenging A’Court decision

    The Oko-Jumbo-led Rivers Assembly has insisted that it will challenge the decision of the Appeal Court on the assembly crisis.

    The Court of Appeal in Abuja had on Thursday nullified the removal of Martin Amaewhule and 24 others from the Rivers State House of Assembly by the Rivers State High Court.

    But the speaker of the pro-Fubara lawmakers Victor Oko-Jumbo has maintained that he and his members believed that the Appeal Court erred in its decision.

    He was seen saying this in a video shared by Channels TV via their X handle on Saturday, July 6.

    He said: “We strongly believe that the Court of Appeal was in error when it held that the Rivers State High Court lacked the Jurisdiction to hear and determine SUIT NO PHC/1512/CS/2024.

    “Accordingly, we have instructed our lawyers and they have filed an appeal to the Supreme Court of Nigeria Challenging the Judgement of the Court of Appeal delivered on the 4th Day of July 2024.”

  • Rivers Crisis: Appeal Court returns speaker Amaewhule, 24 house members, sacks Oko-Jumbo

    The Court of Appeal sitting in Abuja, Thursday, dismissed an order of the Rivers State High Court, which sacked the Martin Amaewhule’s led 24 Members of the Rivers State House of Assembly.

    The lower court had, in its judgement, restricted led the lawmakers from parading themselves as members of the Assembly.

    The appellate court made the order following an appeal by Amaewhule and the 24 Assembly members, challenging the interlocutory decision of the Rivers State High Court, delivered on May 10, 2024.

    The 3-man panel member of the court led by Justice Jimi Olukayode-Bada held that Amaewhule’s appeal was “meritorious” and therefore allowed the same.

    Consequently, the suit by Victor Oko-Jumbo at the Rivers State High Court is hereby struck out.

    The panel held that Amaewhule and the 24 members of the Rivers State House of Assembly should revert to their positions before the restraining order was made.

    The Court of Appeal held that the only court vested with jurisdiction to hear the suit filed by Oko-jumbo is the Federal High Court and not the State High Court.

    Therefore, the panel unanimously reasoned that the trial court lacked jurisdiction to hear the suit filed by the 1st to 3rd respindents.

    Consequently, it was the contention of the appellate court that the ex parte order which had restrained Amaewhule and the 24 Assembly members, having been made without jurisdiction, “is null and void and of no effect whatsoever”.

    “Trial court lacks the jurisdiction to hear and determine the suit of the respindents, the court said.

    The panel held that in granting an ex parte order, there must be an existence of “real urgency and not self-induced urgency.”

    More so, the Court of Appeal said the trial court should have heard the position of the appellant in the interest of fair hearing since there was no urgency in making the interlocutory injunction.

  • Edo Guber: Court nulifies PDP Primary poll

    Edo Guber: Court nulifies PDP Primary poll

    Justice Inyang Ekwo of the Federal High Court in Abuja has declared as invalid the People’s Democratic Party’s Primary election that produced Asue Ighodalo as a governorship candidate.

    The primary election conducted on February 22, 2024 was voided on the ground that 378 delegates who were supposed to vote at the primary election were unlawfully excluded by PDP.

    The court invalidated the primary election on Thursday while delivering judgment in a suit instituted by the aggrieved delegates.

    The suit marked THC/ABJ/CS/165/2024 was instituted by one Hon Kelvin Mohammed in a representative capacity.

    Justice Ekwo held that both the provisions of the Electoral Act 2022 and PDP Guidelines were grossly violated in the conduct of the primary election at the Samuel Ogbemudia stadium in Benin.

    Details later.

  • Senators beg Tinubu to release Nnamdi Kanu for peace in South East

    Senators beg Tinubu to release Nnamdi Kanu for peace in South East

    A total of 15 Senators from the South East region of Nigeria, Wednesday, pleaded with President Bola Tinubu to order the release of the detained Biafran Nation agitator, Mazi Nnamdi Kanu.

    Kanu has since being in the custody of the DSS on the order of the Federal High Court, Abuja.

    The Senators made the plea during
    a closed door meeting with the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN) where a letter begging Tinubu to release Kanu was delivered for onward passage to the presidency.

    Led by a former Abia state deputy Governor, Senator Eyinanya Abaribe, the lawmakers claimed that unless Kanu is released, the social and economic activities in the South East region will continue to be stagnant.

    Speaking shortly after the meeting, Abaribe who spoke on behalf of his colleagues lamented that the economy and social life in the South East had suffered enough due to the continued incarceration of the Biafra Nation Agitator.

    Abaribe noted with grave concern that the peaceful demand of the detained IPOB leader had been hijacked by hoodlums and criminals leading to wanton killings of innocent people, including security operatives.

    The former Abia state deputy Governor told newsmen that he had already met with Kanu at the headquarters of the Department of State Services (DSS) in Abuja and had agreed to abide by any conditional release.

    Senator Abaribe expressed optimism that once Kanu is released, the tension and acrimonious engulfing the South East region since 2021 when he clamped into DSS custody would became event of the past.

    The Senators therefore pleaded with the AGF to convey their message to President Tinubu and for the AGF to use his position to terminate all the charges brought against the IPOB leader by the Federal Government.

    Besides the Senators, Abaribe said that virtually all political leaders, religious leaders and stakeholders have unanimously agreed that Kanu be released for peace to bounce back to the region.

    It would be recalled that Kanu was re-arrested in Kenya in 2021 by the Federal Government and brought to the country for trial on terrorism charges.

    Although, he pleaded not guilty to the charges, Justice Binta Nyako of the Federal High Court in Abuja declined to admit him to bail on the ground that he jumped the earlier one in which Senator Abaribe was his surety.

  • 98 Lawyers Shortlisted For SAN Rank -LPPC

    98 Lawyers Shortlisted For SAN Rank -LPPC

    The Legal Practitioners’ Privileges Committee (LPPC) has shortlisted 98 Lawyers and Professors of Law for elevation to the rank of Senior Advocate of Nigeria (SAN).

    The shortlisted applicants were in two categories of Advocacy and Academia.

    Among the names shortlisted are former Nigerian Bar Association (NBA) National Officers – Monday Onyekachi Ubani Esq, Kunle Edun Esq, Dr. Rapulu Nduka Esq and Stanley Imo Esq.

    Also, shortlisted is the chairman of NBA, Bwari Branch, Paul Daudu Esq and notable Abuja-based lawyer, Okey Ajunwa Esq.

    This was contained in a press statement issued in Abuja by the Secretary of LPPC, Harjo Sarki Bello, on Tuesday night.

    The statement read: “The Legal Practitioners’ Privileges Committee (LPPC) by this Notice announces the shortlisting of applicants for the conferment of the rank of Senior Advocate of Nigeria for the year 2024.

    “The shortlisted applicants in the two categories of Advocacy and Academia.

    “Among shorlisted are Lateef Olaseinde Karim, Esq, Godwin Tagbo Ike, Esq.Johnson Odionu, Esq., Nnodim Marcellinus Duru, Esq., Innocent Adams Ovbagbedia, Esq., Soronnadi Anthony Njoku, Esq., Adamu Abubakar, Esq and Charles Oyaole Musa, Esq.

    “Others are Udochi Nunny Iheanacho, Esq., David Dare Onietan, Esq., Elele Chinatu Casmir, Esq., Josiah Rapuluchuks Nduka, Esq., Godwin Ikechukwu Obeta, Esq., Habeeb Orisavia Ilavbare, Esq, Moses Kolade Obafemi, Esq, and Mathew Echezonam Esonanjor, Esq. Baba Fika Dalah, Esq.

    “Among those in the academia are Prof. Osy Ezechukwunyere Nwebo, Prof. Nlerum Sunday Okogbule, Prof. Nnamdi Onyeka Obiaraeri, Prof. Nathaniel Ahagbue Inegbedion, Prof. Collins Chijioke Obioma and Prof. Violet Aigbokhaevbo.

    “Also, in the list are Prof. Augustine Robert Agom, Prof. Ibrahim Abdulqadir Abikan, Prof. Chima Josephat Ubanyionwu and Prof. Ganiyu Adeyemi Oke.”

    The LPPC, however, called on the general public to comment on the integrity, reputation, and competence of the shortlisted applicants.

    “Every complaint(s) must be accompanied by a verifying affidavit deposed to by the author before a Superior Court of Record in Nigeria or before a Notary Public and be in twenty (20) copies.

    “For the avoidance of doubt, the publication of the names of the shortlisted applicants is not an indication of their success in the process,” LPPC added.

  • Diezani’s ex-husband wants court to stop her from using his name

    Diezani’s ex-husband wants court to stop her from using his name

    A former Chief of Naval Staff, Admiral Alison Madueke, has asked a Lagos State High Court to stop the former petroleum minister, Diezani, from using his last name and to revert to her maiden name Agama.

    In the petition that declared that their marriage has ended, Mr Alison argues that Diezani’s ongoing use of his name despite their marriage being legally over is damaging to his reputation.

    He submitted that her actions could lead to unintended consequences, including mistaken liability, particularly given the corruption allegations against her.

    According to him, Diezani had previously filed for divorce at the Nassarawa State High Court in Mararaba Gurku in November 2021, citing an irreconcilable breakdown of their marriage, seeking to end their union formally.

    He said he did not oppose the suit, resulting in the court’s dissolution of the marriage, yet Diezani persists in using his surname despite the formal termination of their marital union.

    He stated, “On the 13th day of April 2022, judgment was delivered in Suit No. NSD/MG345/2021 by Hon. Justice A.A. Ozegya dissolves the marriage between the petitioner and the respondent on the ground that the marriage has broken down irretrievably.

    “The said dissolution of marriage has now become absolute by the operation of law.

    “Even though the marriage has been dissolved and is now legally finalised, the respondent continues to use the petitioner’s first name (Alison) and surname (Madueke) as her own without any justification or consent from the petitioner.
    “It is now more than two years that the respondent continues to use the name of the petitioner to his embarrassment.”

    Madueke revealed that he directed his legal representatives to serve Diezani a formal request on December 14, 2023, demanding that she cease using his surname and revert to her maiden name, Agama

    However, despite this legal notice, Diezani has failed to respond and continues to use his name.

    The petition further read, “The respondent has continued to hold out herself as the wife of the petitioner even when the marriage has been dissolved.

    “The respondent is undergoing criminal trials in both Nigeria and the United Kingdom. The charge in Nigeria is Suit No. FUC/ABI/CR/208/2010.

    “The respondent faces public allegations of corruption and financial misconduct, for which trials are ongoing for both.

    “The persistent portrayal of the respondent as the spouse of the petitioner is creating embarrassment, a misleading impression, and tarnishing the reputation, integrity, and public image of the petitioner.

    “The respondent’s continued use of the petitioner’s first and surname falsely suggests to the public a continuing relationship between the parties though same has since legally ended.

    “The respondent’s continued use of the petitioner’s first and family names poses a significant risk of legal and financial harm to the petitioner.

    “The petitioner seeks the intervention of this Honourable Court to prevent the respondent from further using his first name and surname, thereby safeguarding his image, personality, and reputation.”

    Madueke sought an order of perpetual injunction restraining Diezani from further using his names following the dissolution of their marriage.

    He also prayed for a perpetual injunction restraining the respondent from further asserting, by words or conduct, the existence of marriage between them.

    He is seeking a court order that compels Diezani to revert to her maiden name and to publicly announce in a national newspaper, both in Nigeria and the UK, that she has ceased using his surname.

  • Yahaya Bello’s lawyer applies to withdraw from case

    Yahaya Bello’s lawyer applies to withdraw from case

    A Senior Advocate of Nigeria, SAN, Adeola Adedipe, on Thursday, applied to the Federal High Court in Abuja to withdraw his appearance for the immediate past Governor of Kogi State, Alhaji Yahaya Bello.

    Bello is facing a 19-count charge bordering on his alleged complicity in money laundering, breach of trust and misappropriation of public funds to the tune of about N80.2billion.

    Following his absence in court for his scheduled arraignment, the Economic and Financial Crimes Commission, EFCC, urged the trial judge to dock his lawyers for failing to fulfil an undertaking they made to ensure his availability for trial.

    Lead counsel for the EFCC, Mr. Kemi Pinhero, SAN, prayed the court to punish the two senior lawyers that always represented the former governor, insisting that they have breached the rules of professional conduct.

    Pinhero, SAN, argued that Order 31(3) of Rules of Professional Conduct for legal practitioners stipulated that any lawyer that failed to comply with an undertaking he made before a court, aside from being in contempt, is automatically guilty of misconduct.

    “My lord, our application is that since one of the lawyers is present in court, he should be moved to the dock and dealt with him summarily, that is what the law says.

    “We urge the court to exercise disciplinary jurisdiction over the lawyers so as to preserve the integrity of the judiciary.

    “If a Chief Justice of Nigeria can be docked before an inferior tribunal, who then is an SAN or a former governor in terms of status?

    “Even a former President of the United States of America was docked. These senior lawyers have been helping the defendant to treat this court with scorn.

    “For five consecutive sittings, the defendant refused to make himself available for his trial and his lawyers have continued to use all forms of chicanery to frustrate his arraignment.

    “If this sort of conduct is not punished, then we will be sliding to a situation that will be worse than the Animal Farm.

    “The world is watching. Punishing these senior lawyers will send a very clear message,” EFCC’s lawyer added.

    Responding, Adedipe, SAN, told the court that he was not Bello’s lead counsel, even as he denied making any undertaking to secure his presence for the trial.

    “My lord, the narration by the prosecution counsel is very untrue and it is accentuated by malice. I am not the lead counsel in this matter.

    “What the learned prosecution counsel has tried to do was to pitch my person against this court,” Adedipe, SAN, insisted.

    He argued that it was the EFCC that treated the court with disrespect as it failed to execute the warrant it obtained for the arrest of the defendant.

    Adedipe, SAN, said his team had earlier notified the court that it was not aware of the whereabouts of the former governor.

    He said in the light of the turn the case had taken, he had no option than to activate the provision of section 349(8) of ACJA, 2015, by withdrawing his appearance for the defendant.

    However, the EFCC, through its counsel, maintained that it was late for the defence lawyer to pull out of the case.

    “My lord, he should be used to set an example that this is not a lottery game. His request to withdraw is only an afterthought and it should not be countenanced by this court.

    “I urge your lordship to invite him to the dock immediately,” the prosecution counsel submitted.

    Trial Justice Emeka Nwite is yet to rule on the matter.

  • Alleged N80bn fraud: Again, Bello absent in court …wants case  transfer to Kogi

    Alleged N80bn fraud: Again, Bello absent in court …wants case transfer to Kogi

    The embattled former governor of Kogi State, Yahaya Bello, has failed to appeared in court as he wants he case transfered to Kogi State.

    At the resumed proceeding in the matter Thursdays, Bello, failed to appear before the Federal High Court in Abuja to enter his plea to the charge against him.

    The embattled Bello, is facing a 19-count charge before the federal high court, raised against him by the Economic and Financial Crimes Commission(EFCC).

    In a letter to the Chief Judge through his team of lawyers led by Mr. Abdulwahab Mohammed, SAN, maintained that only Lokoja Division of the high court has the territorial jurisdiction to entertain the allegations levelled against him.

    Counsel to Bello, Mr. Adeola Adedipe, SAN, brought the attention of trial Justice Emeka Nwite to the letter his client wrote to the CJ.

    He said, “My lord, after the proceedings of the last adjourned date, I went back and gave a report of what happened in court to our team.

    “However, I was made to understand that a letter had been written on behalf of the defendant to the honourable Chief Judge of the Federal High Court requesting in substance, that this matter be administratively transfered to the Federal High Court, Lokoja Judicial Division, which we believe have territorial jurisdiction to handle this matter.

    “That letter was received at the Chief Judge’s Chambers and the office of the of honourable CJ wrote the prosecution team through Mr. Iseoluwa Rotimi Oyedepo, SAN, on June 13, notifying him that administrative steps has been activated, whereof he was directed to provide a response to the request for transfer of the matter.

    “My lord, as of this morning, I am not aware whether there has been a response by the prosecution team in compliance to the directive of the CJ.

    “We are also not in receipt of any decision that has been made on this request by the CJ.

    “I am also aware that this administrative directive of the CJ has been formally communicated to this court.

    “We have filed an affidavit wherein we attached two documents referencing the details that I have just highlighted.

    “My duty is first to the court. As of the moment, I am not urging anything from the court, but just to present the facts as they were,” Adedipe, SAN, added.

    On his part, the EFCC, through its counsel, Mr. Kemi Pinhero, SAN, urged the court to compel the defence lawyer to explain why the defendant was not in court, despite an undertaking he made on June 13 to ensure his presence in court for arraignment.

    He prayed the court to dismiss “the story of the defence lawyer as dilatory and a further attempt to treat this court with scorn.”

    The EFCC counsel argued that the letter to the CJ did not discharge the undertaking that were made by the senior lawyers representing the defendant.

    Pinhero, SAN, further argued that even where a petition is forwarded against a judge to the National Judicial Council, NJC, it does not stop proceedings on cases pending before the judge.

    Consequently, he applied for the court to invite the two senior lawyers representing the former governor to show cause why they should not be dealt with for contemptuous conduct.

    Bello, who piloted affairs of Kogi state for eight years, is facing a charge bordering on his alleged complicity in money laundering, breach of trust and misappropriation of public funds to the tune of about N80.2billion.

    EFCC alleged that the former governor, alongside his nephew Ali Bello and two others, Dauda Suleiman and Abdulsalam Hudu, were complicit in money laundering.

    Also the defendant briefed his lawyers to file an application to set aside an arrest warrant that was issued against him on April 17, as well as to challenge the jurisdiction of the court to try him.

    He insisted that the EFCC acted in breach of a subsisting judgement of a High Court in Kogi State when it entered the charge against him and also applied for a bench warrant to be issued for his arrest.

  • Federal High Court Begins Vacation July 23

    Federal High Court Begins Vacation July 23

    The Chief Judge of the Federal High Court of Nigeria, Justice John Tsoho, has declared the court’s annual vacation for 2024, set to begin on Tuesday, July 23, and conclude on Friday, September 13, 2024.

    This announcement was made public through a statement released in Abuja by Catherine Christopher, the Assistant Director of Information and ICT at the Federal High Court.

    The vacation period, established under Order 46, Rule 4 (d) of the Federal High Court (Civil Procedure) Rules 2019, is a customary practice aimed at providing judges with a well-deserved break to rejuvenate before the commencement of the new legal year.

    Regular court sessions are scheduled to resume on Monday, September 16, 2024.

    During the vacation, the judiciary has designated specific judges to handle urgent cases at the three principal divisions of the court located in Abuja, Lagos, and Port Harcourt.

    In Abuja, Justice Emeka Nwite and Justice Peter O. Lifu will attend to such urgent matters. Meanwhile, in Lagos, Justice Akintayo Aluko and Justice Isaac Dipeol will be available, and in Port Harcourt, Justice A. T. Mohammed and Justice P. M. Ayua will oversee urgent litigation matters.

    The Chief Judge emphasized that this arrangement ensures that the judiciary continues to function efficiently, handling cases of extreme urgency even during the vacation period.

    The public and litigants are advised to approach the designated courts nearest to them for any urgent judicial matters during this time.

  • EFCC docks TSTV Executives over alleged tax evasion, money laundering

    EFCC docks TSTV Executives over alleged tax evasion, money laundering

    The Economic and Financial Crime Commission (EFCC) Thursday, arraigned two Chief Executives of  the Telecom Satellites Limited (TSTV) over alleged tax evasion, money laundering and advanced fee fraud offences. 

    The defendants, Dr Bright Ikechukwu Echefu, who is the Managing Director and Chief Executive Officer of TSTV, and Dr Felix Nnamdi Igboanuga were docked alongside TSTV and another company, Briechberg Investment Limited on 9-count criminal charges. 

    Part of the charges are that the two men on May 18, 2020 committed money laundering bordering on tax invasion, unremitted VAT, Company income tax and Pay As You Earn (PAYE) deducted from the salaries of 165 workers punishable under section 15 of the Money Laundering Prohibition Act 2011 as amended in 2012.

    They were alleged to have on May 18, 2020  diverted to their personal use N33. 9M, N13. 5M and N19. 4M tax money payable to the federal government in breach of section 15 of the Money Laundering Prohibition Act. 

    On his part alone, Dr Bright Ikechukwu Echefu
    who is the first accused person was alleged to have defrauded a Senior Advocate of Nigeria SAN, Turaki Kabir Tanimu of N960M under false pretences. 

    The charge indicated that Echefu while acting as the Managing Director of Briechberg Investment Limited on May 18, 2020 with intent to defraud obtained the sum of N150M from Tanimu who is the Managing Director of Kalsiyam Farm as loan to acquire modern equipment for his telecom company. 

    The money was said to have been paid into
    Briechberg Investment Limited account number 1015561485 domicile at .Zenith Bank. 

    On the same day, the accused person was said to have obtained another N380M paid into the same account for the same purpose while another N400M was also allegedly secured by the accused the same day and for the same purpose from Tanimu who is also the MD of BYI General and paid into the same account. 

    Still on the same May 18, 2020, Turaki SAN, while acting as Managing Director of K. T Turake made two payments of N15M each into the Briechberg Investment Limited bank account belonging to Dr Bright Ikechukwu Echefu for the same purpose. 

    It will be recalled that Turaki Kabir Tanimu SAN was at a time, a Minister of the Federal Republic of Nigeria and was physically present in court during Thursday’s arraignment of the defendants. 

    When the charges were read to them, the two accused persons denied the alleged fraud charges. 

    Sylvanus Tahir, a Senior Advocate of Nigeria who led the prosecution team vehemently objected to bail application made by Eyitayo Fatigun SAN on behalf of the two defendants. 

    While Tahir insisted that the accused persons are flight risk having allegedly been evading arrest,. Fatigun disagreed and insisted that EFCC itself granted them administrative bail. 

    In a short ruling, Justice Inyang Edem Ekwo adopted the EFCC bail conditions to allow the two men go home. 

    The Judge however ordered them not to travel out of the country without the permission of the court while the Immigration must be notified of seizure of their international passports. 

    He warned that any breach of the bail conditions or absence in court would automatically lead to revocation of their bail and to remain in custody throughout the trial period. 

    Justice Ekwo directed the EFCC to transmit the record of administrative bail granted to the defendants to the court within seven days. 

    July 15, 16 and 17 have been fixed for commencement of trial.