Tag Archives: Suit

Court To Hear Patience Jonathan’s Suit Against EFCC In December

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A Federal High Court in Lagos on Wednesday fixed Dec. 7 to hear a suit by ex-First Lady, Mrs. Patience Jonathan, against the Economic and Financial Crime Commission, seeking to unfreeze her account.

Other respondents in the suit are Skye Bank and a former Special Assistant to ex-President Goodluck Jonathan, Waripama-Owei Dudafa.

Also joined in the suit are Pluto Property and Investment company Ltd, Seagate Property Development and Investment Company Ltd, Transocean Property and Investment Company Ltd and Globus Integrarted Service Ltd.

The ex-first lady is demanding the sum of $200 million from the commission as damages for infringing on her rights.

She is also urging the court to issue an order discharging the freezing order and restrain the EFCC and its agent from further placing a freezing order on the said accounts.

When the case was called on Wednesday, Mr. Rotimi Oyedepo, announced appearance for the EFCC, while Mr. Granville Abibo (SAN) appeared for Jonathan.

Addressing the court, Oyedepo informed the judge that the case was coming up for the first time, adding that some of the respondents had yet to be served with the court’s processes.

He said the case was not yet “ripe for hearing”, having been served with the processes on Oct. 19 and is yet to file a response.

His submission was, however, not contested by counsel to the plaintiff.

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Budget Padding: Jibrin Files Suit Against Dogara, Others.

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Former Chairman, Appropriation Committee, House of Representatives, Abdulmumin Jibrin, has sued the Speaker, Yakubu Dogara, his Deputy, Yusuf Lasun, and other principal officers of the lower chamber over an alleged plan to suspend him.

 

In the suit marked: FHC/ABJ/CS/595/2016, commenced by way of writ of summons and filed at the Federal High Court, Abuja on August 9, 2016, Jibrin  seeks principally to restrain the House of Representatives and its principal officers from giving effect to their alleged plot to suspend him as member of the House.

 

Jibrin, an All Progressives Congress (APC) legislator representing Kiru/Bebeji Federal Constituency of Kano State, has also filed an ex-parte motion seeking, among others, an other restraining the defendants from taking steps to suspend him pending the determination of the substantive suit.

 

Listed as defendants in the suit are: The House of Representatives, the Clerk of the House of Representatives, Yakubu Dogara, Yusuf Lasun, Alhassan Ado Doguwa, Leo Ogor, Herman Hembe, Umar Mohammed Bago, Zakari Mohammed, Chike Okafor, Dan Asuquo, Jagaba Adms, Haliru Jika and Uzoma Abonta.

 

Jibrin, in the substantive suit, seeks a declaration that the defendants are bound to comply with the provisions of Sections 49, 54, 56 and 60 of the 1999 Constitution and the Standing Orders of the House of Reps, regulating its sitting, procedure and other matters in the conduct of its legislative functions as provided in the Constitution and the Standing Orders made pursuant to the Constitution.

 

He also wants the court to make a declaration that the decision taken by the defendants at a meeting held on August 3, 2016 to suspend the plaintiff as a member of the House of Reps without granting him the right to fair hearing is unlawful.

 

The plaintiff stated, in a supporting affidavit, that Immediately the 3rd to 14 defendants (Dogara and other principal officers)  got wind of the petitions presented against them by the plaintiff to the Independent Corrupt Practices and other related offenses Commission (ICPC), Economic and Financial Crimes Commission (EFCC), the Inspector-General of Police (IGP) and others, they held a meeting on August 3, 2016, where they allegedly resolved to suspend him immediately as member of the House of Reps.

 

He said that the defendants also agreed to urgently reconvene the House from its current recess “with a desperate agenda to suspend the plaintiff contrary to the Rules of the House”.

 

“That one of such meetings was held by the 3rd to 14 defendants at the residence of the 3rd defendant (Dogara) in Apo, Abuja on August 3, 2016.

 

“If the reliefs of the plaintiff are not granted, the plaintiff will be suspended as a member of the House of Reps, and this will greatly prejudice him and thousands of his constituents, who rely on him to afford them their due representations in the Federal Legislature,” Jibrin said.

 

It could not be confirmed when filing this story yesterday whether any proceedings had been conducted in court in relation to the motion ex-parte or whether a date had been set for hearing by the court’s current vacation judge, Justice Okon Abang.

Lawyer Withdraws Suit Seeking Buhari’s Disqualification For Lack Of Certificate, His Life Allegedly Threatened

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Legal practitioner, Mr. Nnamdi Nwokocha-Ahaaiwe, has filed a notice at the Federal High Court in Abuja to discontinue the suit he instituted seeking the disqualification of President Muhammadu Buhari for lack of certificate.

Nwokocha-Ahaaiwe had alleged that Buhari was not qualified to aspire for the office of the President of the Federal Republic of Nigeria because he did not sit for the Cambridge West African School Certificate (WASC) in 1961 as he claimed.

The notice of discontinuance dated June 27 and obtained reads: “Take note that the plaintiff in this originating summons, Nnamdi Nwokocha-Ahaaiwe, hereby discontinues this action.”

Checks revealed that following the withdrawal of the suit from court, the trial judge, Justice Ademola Adeniyi will today sit and accordingly strike out the case.
Though Nwokocha-Ahaaiwe did not give any reason for withdrawing the case from court, It was gathered that it might not be unconnected with alleged threats to his life and members of his family.

In an interview last month, Nwokocha-Ahaaiwe had alleged that there were some subtle threats on him to withdraw the case from court.
He had said: Of course, I am concerned and my family and friends are too; I am not naïve and some subtle threats have already been made. For now it is small comfort that if anything happens to me, even if disguised as an accident or anything, Nigerians will know exactly who is responsible.

“In any case, it was Professor Wole Soyinka, I think, who once said in one of his books that ‘The Man Dies in Him Who Keeps Quiet in The Face of Tyranny’ or something of the sort. Speaking of which, I am amazed at the conspiracy of silence by Nigerians. It is astounding is it not, that in the light of this very apparent rape of our constitution, laws, indeed the very essence of our democracy, all of our civil society advocates and activists have gone deaf and dumb in the face of tyranny.

“All those voluble persons (and I don’t want to name them; they know themselves and Nigerians know them too), who pretend they are activists or keepers of the moral conscience of the nation astonishingly can’t see or appreciate what is happening. This country really misses Chief Gani Fawehinmi; he was the only fearless, credible, true and genuine conscience of the nation, not the pretenders we have today; all the others only make noise when it suits them and their interests but look the other way once they are compromised. None of us today, can tie Gani’s shoe-laces.”

Credit: Thisday

Tinubu Withdraws Suit Against AIT After Apology For Embarrassing Documentary

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The African Independent Television has apologized to Bola Tinubu, a national leader of the ruling All Progressives Congress, for a documentary it aired before last year’s general election.

In a letter of apology tendered before a Lagos High Court on Friday, Daar Communications, the owners of the TV station, said they hold Mr. Tinubu in high esteem.

“Daar Communications Plc acknowledges that Asiwaju Bola Ahmed Tinubu is an outstanding political leader of unblemished character and integrity, as well as a leading public figure and opinion-moulder, who has made and continues to make immense contributions to the progress and development of the nation in general and Lagos State in particular,” read the letter.

“Daar Communications Plc admits that in airing the said documentary, it had no intention, whatsoever, to embarrass or diminish the high reputation of Asiwaju Bola Ahmed Tinubu which it respects and attests to.”

The apology came amid an ongoing Economic and Financial Crimes Commission investigation of alleged illegal receipt of N2.1 billion by Raymond Dokpesi, the owner of AIT.

The TV station had begun airing a documentary on March 1st last year titled, “Unmasking the Real Tinubu: The Lion of Bourdillon, showcasing various properties and companies across Lagos purportedly owned by Mr. Tinubu, described as “Nigeria’s biggest landlord”.

The documentary also claimed that Mr. Tinubu was “charged with narcotics” in 1993 in the United States.

Credit: PremiumTimes

Lawyer Withdraws Suit Seeking Metuh’s Release From EFCC’s Custody

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Ebun-Olu Adegboruwa, a Lagos-based lawyer, has announced the withdrawal of a suit he instituted against the Economic and Financial Crime Commission (EFCC) seeking the release of the national publicity secretary of the People’s Democratic Party (PDP), Olisa Metuh, from the custody of the Commission.

Adegboruwa, on Monday, filed the suit before the Federal High Court, Lagos, alleging that Metuh’s fundamental rights have been violated.

Metuh was arrested by the operatives of the Economic and Financial Crimes Commission (EFCC) on January 5, 2016, in his house in Abuja and he has been kept in custody ever since, without access to his family, lawyers or doctors.

In the suit filed against the Economic and Financial Crimes Commission (EFCC) and the Attorney-General of the Federation, Adegboruwa contended that under Section 35 of the 1999 Constitution, the EFCC had exceeded the maximum time allowed by law for detention of a citizen, without trial in any court.

Credit: Guardian

Court To Decide On Dasuki’s Bail Suit On December 17

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The Federal High Court in Abuja will on Thursday, December 17, decide if it will grant bail to the former National Security Adviser (NSA), Colonel Sambo Dasuki (rtd) and other accused persons.

Justice Hussein Baba-Yusuf adjourned the case after taking arguments for and against the bail application by parties in the suit.

Counsel to the former NSA, Mr Ahmed Raji, asked the court to adopt earlier bail conditions given to Mr Dasuki by the Federal High Court, as the issues were the same.

Colonel Dasuki was arraigned along with the immediate past Minister of State for Finance, Mr Bashir Yuguda, a former Governor of Sokoto State, Mr Attahiru Bafarawa and his son Sagir Attahiru, the Director of Finance in the office of the National Security Adviser Mr Shuaibu Salisu and two others.

Rejecting the application, counsel to the Economic and Financial Crimes Commission, Mr Rotimi Jacobs, asked the court to decline bails.

“The case before the Federal High Court is a secondary offense which emanated as a result of the case before the present court and as such, the bail terms cannot apply,” he said.

Credit: ChannelsTV

Court To Deliver Judgement On Stella Oduah’s Suit

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A Federal High Court in Lagos has fixed January 25, 2016 to deliver judgment in the fundamental rights enforcement suit filed by a former Minister of Aviation, Mrs Stella Oduah, seeking to stop an alleged plan to prosecute her over the two armoured BMW cars allegedly purchased for 255 million Naira.

The vehicles are alleged to have been bought by the Nigerian Civil Aviation Authority in 2013 during her tenure.

Justice Okon Abang adjourned for judgment on Tuesday after entertaining arguments from the parties in the suit.

Oduah had sued the Economic and Financial Crimes Commission; the Independent Corrupt Practices and other related offences Commission, the Attorney General of the Federation and the Inspector General of Police.

She claimed that the ruling All Progressives Congress’ government had perfected plans to use the defendants to persecute and humiliate her under the guise of fighting an anti-graft war.

Credit: ChannelsTV

Justice Minister’s Absence Stalls Dasuki’s Suit Hearing Again

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The Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, has failed to appear before a court over the right enforcement suit filed by the former National Security Adviser (NSA), Colonel Sambo Dasuki (Rtd).

Mr Malami again refused to show up at a Federal High Court sitting in Abuja, Nigeria’s capital, to explain why the order of the court granting Mr Dasuki permission to travel for medical treatment was being flouted.

At the resumed hearing of the suit on Monday, the Federal Government opposed the application for the enforcement of fundamental human rights filed by Dasukion the ground that he needed to be present in court to seek any relief.

The prosecutor, Mr Mohammed Diri, informed the court that he had filed an application seeking to revoke the bail granted the former NSA.

Relying on section 266 of the administration of Criminal Justice Act, 2015, lawyer to Colonel Dasuki, Mr Joseph Daudu, disagreed with the prosecutor.

Mr Daudu said that his client was not on trial and as such, it was not mandatory for him to be physically present in court.

Justice Adeniyi Ademola subsequently adjourned the suit till November 26 for ruling, just as the trial was expected to commence on the same day.

Credit: ChannelsTV

Saraki Loses Fundamental Rights Suit In Court

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The Senate President, Bukola Saraki lost another legal battle Friday as a Federal High Court in Lagos, struck out a suit filed by him to seek the enforcement of his fundamental human rights.

The presiding Judge, Justice Ibrahim Buba in a short ruling, declined jurisdiction to entertain the suit.

Saraki had in his suit through his lawyer, Mr Ajibola Oluyede, on Sept. 30 asked for the protection of the court to guarantee his fundamental rights against “political victimization”.

Joined as respondents in the suit are: The Attorney General of the Federation, the Economic and Financial Crimes Commission,EFCC and the Independent Corrupt Practices Commission, ICPC.

Other respondents are: Inspector General of Police, Code of Conduct Bureau, Code of Conduct Tribunal and Justice Danladi Umar.

Also joined are: Mr Ataedze Adza, Mr Sam Saba, Mr Mohammed Diri and Mr M.S Hassan.

Credit: Vanguard

I Am Unaware Of Lai Mohammed’s N500m Defamation Suit- Metuh

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The Publicity Secretary of Peoples Democratic Party (PDP), Chief Olisa Metuh, on Tuesday, responded to media reports that spokesperson of the ruling All Progressives Congress (APC), Alhaji Lai Mohammed, has filed a N500 against million suit at a Lagos State High Court in Ikeja, seeking compensation for alleged defamation of his person by some issues raised by him (Metuh) in response to one of his (Mohammed’s) statements.

Richard Ihediwa, the special assistant to the PDP Publicity Secretary, in a statement on Tuesday,  said neither the PDP spokesperson nor any of his lawyers was aware of any such suit by Mohammed, adding that they have not been served.

Ihediwa said: “The attention of the Office of the National Publicity Secretary of the Peoples Democratic Party (PDP) has been drawn to reports in some section of the media, suggesting that the National Publicity Secretary of the All Progressives Congress (APC), Alhaji Lai Mohammed, has filed a suit against Chief Olisa Metuh…”

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Saraki Challenges Suit Seeking To Unseat Him

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A Federal High Court Judge, Justice Gabriel Ko­lawole, yesterday trans­ferred a suit filed by a group of five senators of All Progressives Congress (APC), including Abu Ibra­him, Kabiru Marafa, Ajayi Boroffice, Gbenga Ashafa, and Suleiman Othman Hu­nyuki against the election of Senate President, Bu­kola Saraki and his Deputy, Ike Ekweremadu, to anoth­er judge for determination.

The judge took the deci­sion because he would not have sufficient time to hear the matter as his tenure as a vacation judge would ex­pire on Friday this week.

Accordingly, he directed counsel to the plaintiffs to serve fresh hearing notices on all respondents and ad­journed the case to August 13 to be heard by Justice Adeniyi Ademola of court six.

Read More: sunnewsonline

Certificate Forgery: Tribunal Rules on APC Suit August 15

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The National and House of Assembly Election Petitions Tribunal sitting in Yenagoa, Bayelsa State, has fixed August 15 to deliver judgement on the suit filed by the All Progressives Congress against the Peoples Democratic Party.

Mr. Eddy Julius, the senatorial candidate for the APC in the last National Assembly election conducted in Bayelsa West Senatorial District dragged his PDP rival, Senator Foster Ogola, to the tribunal alleging certificate forgery.

Julius, who is challenging the victory of Ogola in the election, is praying the court to disqualify Ogola for allegedly presenting a false certificate and to declare him the authentic winner of the poll.

When the tribunal resumed on Monday for adoption, counsel for Julius, Mr. Somina Johnbull adopted a written address he filed on July 14.

Johnbull appealed to the tribunal to grant prayers sought by his client to the effect that Ogola was not qualified to stand for the election.

He said,  “Our thrust is on non-qualification of the second respondent (Ogola). If our reliefs are granted, the petitioner (Julius), who came second, will now become the winner of the election by virtue of the doctrine of wasted votes.”

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Lawyer Threatens To Sue Buhari Over Appointment Of Ministers

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A Kaduna-based lawyer, Sunny Akanni, has threatened to challenge President Muhammadu Buhari in court if he failed to appoint ministers from each of the 36 states of the federation as stated in the Constitution.

He said it would amount to gross violation of the Nigerian constitution if the President failed to appoint ministers to represent each state of the federation.

According to him, the constitution is so clear on ministerial appointments by the President, wondering why the President would be contemplating reducing the number of ministers in order to cut cost.

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Kashamu Withdraws Libel Suit Against Obasanjo

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Senator Buruji Kashamu, has withdrawn a N20.1bn libel suit he instituted against former President Olusegun Obasanjo before a Federal Capital Territory court in Abuja.

The presiding judge, Justice Valentine Ashi, struck out the suit on May 26, 2015, following the notice of discontinuance of the suit filed by the plaintiff.

Kashamu had on February 6, 2014, sued Obasanjo for “maliciously and recklessly” publishing a letter titled, ‘Before it is too late,’ addressed to former President Goodluck Jonathan in December 2013.

He had asked the court to award him N20bn as aggravated and exemplary damages, and another N100m against Obasanjo for maliciously portraying him as a fugitive wanted for drug- related offences in the United States of America.

Read More: Punch

Suit Against Buhari’s Inauguration Fails

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The suit seeking to stop the Chief Justice of Nigeria, Justice Mahmud Mohammed from swearing-in the President-elect, General Mohammadu Buhari yesterday suffered a set back as the plaintiff in the matter failed to show up in court.

The plaintiff in the matter, a civil society organization, the Incorporated Trustees of Advocacy for Societal Rights Advancement and Development Initiative had approached a Federal High Court in Abuja to grant its reliefs. But when the case came up yesterday, their lawyer, Mr Philip Ekpo, was absent in court.

Also yesterday, an appeal was filed to stop the inauguration of the governor elect of Cross Rivers State, Professor Ben Ayade.
In the suit filed at the Supreme Court of Nigeria, through Mr Okey Uzoho, the appellants, Dr. Michael Ogar, who contested the gubernatorial election in 2011 under the platform of the Action Congress of Nigerian now All Progressive Congress (APC) and 34 other political parties are asking the apex court to stop or suspend any swearing-in of the governor-elect until the determination of the case.

According to them, there is no vacancy in the government house of Cross Rivers State until after February 25, 2016.

He further argued that the governorship election conducted by the Independent National Electoral Commission (INEC) on April 11, 2015 in the state is null and void and in violation of Section 180(2) of the 1999 Constitution.

The election that brought the incumbent governor of the state, Governor Liyel Imoke, into office was nullified by the Supreme Court in January 2012 and a fresh election was ordered.

After the Supreme Court judgement, a fresh election was conducted on February 25, 2015, which saw INEC also declaring Imoke as the winner.

Following his victory in the 2012 election, he was sworn into office on March 1, 2012.

In the appeal, the appellants are contending that having taken another oath of office in 2012, his tenure in office should subsists until after February 25, 2016.

The appellants asked the court to make the following order, “An order setting aside and nullifying any certificate of return issued by the 1st respondent (INEC) to any person or persons on account of the purported gubernatorial election conducted on 11-04-2015 in Cross Rivers State of Nigeria.

“An order halting, stopping. Or suspending any swearing-in of any person on 29th May, 2015, or any other date, into the offices of Governor and Deputy Governor of Cross Rivers State of Nigeria on account of the gubernatorial election conducted on 11-04-2015 in the state pending the hearing and determination of the motion on notice and substantive appeal”.

Credit: sunnewsonline

Court To Hear Suit In Termination Of Appointment Of 110 ABU Staff On May 21

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The National Industrial Court, Abuja, has fixed May 21 for further hearing in a suit against Ahmadu Bello University, Zaria, over the termination of the appointment of 110 staff. Justice Peter Lifu (JP) gave the ruling on Wednesday. The suit was instituted against ABU, the Federal Ministry of Education and the Attorney-General of the Federation in December 2012 over the termination of the claimants’ employment between 1996 to 1999.

The Counsel to the 1st respondent, Mr Ewere Aliemeke, in his preliminary objection, argued that the military regime, as the sole administrator of the school, had the authority to dismiss the staff and as such their suit was “statute-barred’’.

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T.B Joshua Loses Suit to Stop Synagogue’s Collapse Probe

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A Lagos High Court, sitting in Ikeja, on Friday, dismissed an application by Prophet Temitope Joshua, seeking to stop the coroner inquest into the collapse of a building in his church in Ikotun, Lagos, Synagogue Church for All Nations, in September, last year.

A coroner on Tuesday said he would within two weeks give his verdict into the causes of last year’s deadly building collapse at the compound of pastor TB Joshua.

Coroner Oyetade Komolafe has been probing the 12 September accident that killed 116 people, mostly South Africans, but the inquiry was stalled by a three-week judicial staff strike.

Credit: NAN