Tag Archives: Court Order

EFCC vows to appeal court order unfreezing Fayose’s accounts

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The Economic and Financial Crimes Commission, EFCC, on Tuesday vowed to appeal an order by a Federal High Court asking it to defreeze the bank accounts of Governor Ayo Fayose of Ekiti.

The court sitting in Ado-Ekiti and presided over by Justice Taiwo Taiwo had earlier in the day ordered Zenith Bank to immediately unfreeze Mr. Fayose’s two bank accounts.

The judge said the EFCC did not adhere to laid down regulations in ordering the bank to freeze the accounts.

The News Agency of Nigeria recalls that the accounts were frozen on June 21 over suspicion that they were receptacles of crime proceeds.

The EFCC spokesman, Wilson Uwujaren, said the commission had taken steps to appeal against the order.

Mr. Uwujaren said, “The EFCC has been drawn to the order by Justice Taiwo Taiwo of the Federal High Court, Ado Ekiti, Ekiti, state asking it to defreeze the accounts of Governor Ayo Fayose in Zenith Bank.

“While the commission awaits the certified copy of the ruling, it is important to point out that this order contradicts another order by Justice M. B Idris of the Federal High Court, Lagos.

“The first order gave the commission the nod to freeze the accounts pending the conclusion of investigation.
“This order from a court of coordinate jurisdiction was not set aside by Justice Taiwo.

“In spite of this, the commission has taken immediate steps to appeal against the order by Justice Taiwo”, he said.

Our Convention Will Go On As Scheduled Despite The Illegality – PDP

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Okon Abang, a judge of the federal high court in Abuja had earlier ruled that the caretaker committee was illegal and could not conduct any function on behalf of the party.

 

But in a statement issued on Thursday, Dayo Adeyeye, spokesman of the committee, accused Abang of “deliberately” engaging in acts capable of derailing the country’s democracy.

 

“We have just received information that Justice Okon Abang of the federal high court in Abuja has granted an order of interlocutory injunction stopping our scheduled national convention in Port Harcourt, Rivers state, but we want to state that the judgment of the 4th of July, 2016 supersedes any ex-parte order or interlocutory Injunctions,” he said.

 

“So, our national convention will hold as scheduled in Port Harcourt, Rivers state.

 

“He has penchant for abuse of court processes and actions of legal impunity. This judge Nigerians will recall, issued judgment against the governor of Abia State that led to INEC re-issuing another certificate of return to a man who did not contest election thereby causing unnecessary hardship on the people of that state.

 

“He also issued an order to INEC to recognise senator Sheriff’s candidates in Edo and Ondo states before they could even plan their purported congress in Edo.

 

“In today’s case, this same judge out rightly denied the PDP representation in court which is unheard of by serving the plaintiff (Sheriff & Co.) who instituted the case also as PDP (defendants).

 

“His excesses are extremely absurd, strange and unbecoming of a judge who enjoys putting the judiciary on the spot. We therefore bring this matter before the highest level of Judiciary in the country to stop this judge forthwith from waging war against the PDP.

 

“Finally, the party calls on all its members and teaming supporters nationwide to remain calm and law abiding and be rest assured that the PDP national convention will hold as scheduled and all preparation towards the August 17, 2016 national convention remains the same.”

I Am Yet To Receive Any Court Order – Dalung

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The Minister of Youth and Sports, Solomon Dalung, said on Wednesday he was yet to receive any court order nullifying Amaju Pinnick’s Nigeria Football Federation (NFF) presidency.

Dalung said this at the NFF Extra-Ordinary General Assembly in Abuja that he has not been informed of any court decision.

 

“As a lawyer and a Minister of Sports, till today, I have not received any court order. The court orders served on me were all dated 2014. I have never received any court order dated 2016. The court order that was served on me was dated 2014; there is not even 2015 court order; so I am even worried, this news of Jos High court.

I have not seen any court order, but I am not saying there is none, if there is any court order, I am the minister bring the court order to me, I have not seen it.

I want to appeal to all of you seated here, that you must be sincere to yourself. For me in the government, government deals with establishments.

We came into office and we inherited a government in the Nigeria Football Federation.

If the government is replaced, we will also be informed as to how it has been replaced and as a government we will change our position.

The football family must go back and put itself in order.’’

 

It will be recalled that on April 7, a Federal High Court in Jos, Plateau State, had nullified the election that brought NFF President, Amaju Pinnick and his board into office.

Dalung said he was not in a position to elect or impose a president on the federation, hence the need for the football house to find a way to resolve its issues.

He said that the Pinnick-led board had 30 days within which to appeal after which the court order would be enforced.

Dalung urged the NFF board to remain focus to the cause of football adding that the Chris Giwa led board should allow Pinnick to exercise his right.

He also urged the media not to destroy football in the country with stories that do not exist.

Earlier, Pinnick called on the minister to use his good office to bring on end to the battled in the glass house adding that it was not good for the development of football in the country.

Pinnick said that in the past two to three days the federation had lost sponsors for many games.

It will be recalled that the Chris Giwa led board addressing a news conference said that the court order had been made available to the minister.
(NAN)

SSS Maintains Siege On Dasuki’s House, Shuns Court Order

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The siege on the home of a former National Security Adviser, Sambo Dasuki, by officials of the State Security Service, SSS, was still on, Sunday, despite a court order.

Justice Adeniyi Ademola of the Federal High Court, Abuja, on Friday reacted angrily to the siege on Mr. Dasuki’s house despite an earlier ruling he gave permitting the retired colonel to travel abroad for medical treatment. “My own orders will not be flouted” the judge said on Friday, while re-iterating his stance that the former security chief be allowed to travel for medical treatment.

It could not be confirmed if the SSS had been served with Friday’s court order as the Service is yet to appoint a spokesperson.

Mr. Dasuki had returned to the court to sue the Federal Government for still plotting to re-arrest him despite the earlier court order.

Credit: PremiumTimes

Maina Faults EFCC On Wanted Notice, Court Order

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The former Chairman of the Pension Reform Task Team (PRTT), Mr. Abdulrasheed Maina, on Tuesday faulted the Economic and Financial Crimes Commission (EFCC), on an alleged order by Justice G.O. Kolawole, that he be produced in court by his counsel, Bar. Esther Uzoma.

Uzoma in a statement in Abuja said she made an appearance on July 21 to protest the EFCC’s claim that her client was on the run when no charge had been served on him.

She said EFCC’s action was against the letters of the law.

The statement said: “The EFCC should come clean on the matter of my client, Dr. Abdulrasheed Maina. When I appeared before His Lordship, Justice Kolawole, on July 21, I made it clear that the EFCC was yet to file any charge as well as serve any summons on Dr. Maina.

“It is trite law that you cannot say an accused is on the run when there is no charge preferred against him or any invitation extended to him.

“During the hearing for the bail application, counsel to the EFCC, Mr. Rotimi Jacobs (SAN), wanted the court to direct me to produce Maina in court at the next sitting which I argued that there are clear procedures, which the EFCC is familiar with and should follow.

“Naturally, the court agreed with my submission on the position of law. Therefore, it is misleading for the EFCC in its statement of Monday to mislead the public that there exists an order for Maina to be produced in court when there is no invitation extended to him talk-less of a charge preferred against him by the commission.”

Credit: NationOnline

NDLEA Defiles Court Order, Maintains Siege On Kashamu’s House

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The National Drug Law Enforcement Agency has said that an order issued by a federal court, Tuesday, directing its personnel to vacate Buruji Kashamu’s home, would not stop it from performing its statutory responsibilities “in a lawful manner”.

Mr. Kashamu, a prominent member of the Peoples’ Democratic Party and Senator-elect for Ogun East, is wanted in the United States for drug related offences.

A Court in Lagos had issued a ruling ordering NDLEA operatives who had laid a siege on Mr. Kashamu’s home in Lagos, since the early hours of Saturday, to vacate the politician’s house.

The NDLEA said its operatives placed Mr. Kashamu under house arrest after it received a formal extradition request from the U.S.

On Monday, Mr. Kashamu failed to appear for the extradition hearing, with his lawyers claiming that the anti-narcotics agency did not have a court warrant for the house arrest.

In addition to the court’s vacation order on Tuesday, the judge also summoned Mohammed Adoke and Ahmadu Giade, the Attorney General of the Federation and the Chairman of the NDLEA respectively, to appear before him at the next adjourned date.

But in a reaction to the vacation order, the NDLEA said it had not received the court order and described media reports of the judge’s decision as “diversionary and inconsequential”.

“The NDLEA does not believe that any court will issue an order preventing a government agency from performing its statutory responsibilities in a lawful manner,” Mitchell Ofoyeju, the agency’s spokesperson said in a statement.

“The agency has therefore refused to be distracted and will continue to maintain presence at the residence. It is advisable that Kashamu respects the law by submitting himself to the due process of the law.

“The NDLEA wishes to reiterate that his rights like that of other citizens shall be respected and the due process of law followed in this case.

“The agency is prepared to further increase her public rating and goodwill in the areas of suspect handling, respect for human rights and the rule of law. We are prepared to explore all legal means in handling this case to a logical conclusion.”

The NDLEA spokesperson insisted that the agency had received a formal request from the United States Government for Mr. Kashamu’s extradition.

He also said that contrary to the claims by Mr. Kashamu’s lawyers, that the agency has a provisional Warrant of Arrest on him. “According to official record, Kashamu has been a target of both the U.S. Drug Enforcement Administration (DEA) and Immigration and Customs Enforcement (ICE) of the Department of Homeland Security (DHS) for over 20 years and was further indicted by the Grand Jury in the Northern District of Illinois, United States on heroin trafficking charges,” Mr. Ofoyeju said.

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DSTV Implements 20% Subscription Hike Against Court Order

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Nigerians are at the losing end again after MultiChoice Nigeria, a South African satellite TV company implemented its 20 percent subscription hike despite court order stopping it from taking such action pending the determination of a suit filed against it by some lawyers.

A Federal High Court sitting in Lagos state had ordered DSTV to revert to its old subscription fee. The order followed a suit filed by two lawyers challenging what they termed an arbitrary increment in subscription rates imposed by MultiChoice Nigeria, operators of DStv and GOtv pay-TV platforms, on their subscribers.

Justice C.J. Aneke, in an interim order asked MultiChoice to revert to its old subscription rates pending the determination of the suit on the legality of its new tariffs.

Read More: dailypost

Obasanjo Appeals Against Book Seizure Order

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Former President, Chief Olusegun Obasanjo, has appealed against the order given by a Federal Capital Territory High Court judge, Justice Valentine Ashi, that security agents, including the police and men of the Department of State Service, should confiscate his latest autobiography, My Watch.

The judge had given this order after the ex-president went ahead on Tuesday in Lagos to present the book to the public, in disobedience to the court’s restraining injunction. The Justice also gave the former president a 21-day ultimatum to explain why he should not be punished for flouting the court order.

However, Obasanjo, in his appeal, argued that he was in no way “daring the court” as widely reported by some national newspapers, describing such publication as misleading.

The Chairman, Mobilisation and Organisation Committee, the Peoples Democratic Party, South West, Mr. Buruji Kashamu, had instituted a legal action against some sections of the book. Obasanjo had, through his legal team, led by Gboyega Oyewole, filed an appeal challenging the confiscation order, citing 10 grounds to support the appeal and arguing that the trial judge erred in his ruling.

In the appeal with suit no. CV/472/14, filed in a Federal High Court, Abuja, a copy of which was made available to journalists in Abeokuta, the former president’s counsel contended that his client was dissatisfied with the ruling of the High Court and “appealed against the said ruling upon the ground set forth…”

He said, “The learned trial judge erred in law when he granted the interlocutory order of injunction, which inter alia restrained the defendant from the publication of his book “My Watch” or the content of the letter to the President, which is the subject of the suit before the trial judge in the said book. There was uncontradicted affidavit evidence that the defendant’s book, “My Watch” had been published and released to the public before the making of the interlocutory order. The plaintiff never alluded to this fact in his affidavit before the court. It is settled law that an injunction does not lie to restrain a completed act. His Lordship failed and/or neglected to allude to the affidavit evidence before making the interlocutory order. The learned trial judge erred in law and exercised his discretion wrongfully in granting the order of interlocutory injunction, subject of this appeal against the defendant, restraining him from publishing his book, “My Watch” or publishing his letter subject of the suit in the said book.”

Credit: Punch Nigeria