Category: Judiciary

Court dismisses suit seeking removal of EFCC’s chairman, Olukoyede

Judgment

By Taiye Agbaje

Abuja, June 19, 2024 (NAN) A Federal High Court, Abuja, on Wednesday, dismissed a suit seeking the sack of Mr Ola Olukoyede as the Chairman of the Economic and Financial Crimes Commission (EFCC).

Justice Obiora Egwuatu, in a judgment, dismissed the suit on the grounds that the applicant lacked locus standi (legal right) to institute the case.

The News Agency of Nigeria (NAN) reports that an Abuja-based legal practitioner, Mr Victor Opatola, had filed the suit against President Bola Tinubu over his appointment of Olukoyede as EFCC’s chair.

Opatola, in the suit had challenged the validity of the appointment on the grounds that Olukoyede did not meet the years of service required by law for the office of chairman of the anti-graft agency.

He had listed the President of Nigeria, National Assembly, Attorney-General of the Federation (AGF) and Olukoyede as 1st to 4th respondents respectively, in the suit marked: HC/ABJ/CS/1403/2023.

However, the respondents prayed the court to dismiss the suit for lacking in merit.

Olukoyede, who was represented by Olumide Fusika, SAN, in the last adjourned date, challenged the legal authority of the plaintiff to institute the suit in the first instance.

Besides, Olukoyede claimed that he is eminently qualified to occupy the office of EFCC Chairman, having served as secretary of the commission, a grade Level 17 position, which is higher than the rank of an Assistant Commissioner of Police, a grade Level 14 position.

He accordingly asked the court to dismiss the suit.

After listening to all parties in the suit, Justice Egwuatu had adjourned until today for judgment.

Opatola had, among others, raised for determination: whether by the true construction and interpretation of Section 2 (1) (a) of the EFCC Act 2004, Olukoyede, who has not fulfilled the conditions of the Act can be validly appointed as 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 can 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.(NAN)(www.nannews.ng)

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Ehimiri Estate: Court dismisses suit against Abia Govt.

Judgment
By Leonard Okachie
Umuahia, June 19, 2024 (NAN) The Abia High Court sitting in Umuahia, on Wednesday, dismissed a suit filed against the State Government by the Okwuta Isieke Ibeku Community, Umuahia for “lacking the capacity to stand”.

The News Agency of Nigeria (NAN) reports that the suit was filed by
Messrs Onuoha Onyecherelam, Ebere David and Onyebuchi Obike, on behalf of the community in Umuahia North Local Government Area.

Joined as respondents in the suit were the Commissioner for Lands, Housing, Survey and Urban Planning and the Commissioner for Justice and Attorney General of the state.

Others were the Director-General/General Manager, Housing Corporation, Umuahia and occupants/occupiers of Ehimiri Housing Estate, Umuahia.

The claimants had, in a suit No:HU/76/2023, sought the recovery of possession of the land “traditionally known as and called Uzo Eke Okwuta Ibeku, presently called Ehimiri Housing Estate, Umuahia”.

They argued that the ownership of the land was settled in their favour in the Supreme Court judgment delivered on May 12, 1972.

They had claimed that the respondents entered into and remained in occupation of the land without their community licence, consent or that of any predecessor in-title of their community.

The claimants thereafter sought a declaration that the possession of all the occupiers and alienation of Uzo Eke Okwuta, presently called Ehimiri Housing Estate, was void, illegal and of no legal effect.

They also sought an order for the recovery of possession of the estate.

The presiding Judge, Justice Uchechi Enwereji, delivered the judgment in favour of the respondents.

Reacting to the judgment, Counsel for the claimants, Mr Uka Okocha, said that they had filed an action to discontinue the originating summons after discovering some procedural defects in it.

Okocha said that they had filed a writ of summons in respect of the subject matter.

However, Counsel for the fourth respondents (occupants of the estate), Mr Okey Kanu, said that the respondents had asked the court to dismiss the suit because it was statute barred.

Kanu said that the claimants’ counsel wanted the suit to be struck out, which they (defendants) opposed but urged the court to dismiss it.

“And that is what the court has done today,” he said.

Responding to the writ of summons filed by the claimants, Kanu said, “You can’t re-institute the suit on that subject matter.” (NAN)(www.nannews.ng)

LEO/USO
Edited by Sam Oditah

Alleged cocaine deal: Court denies Abba Kyari, others’ bail plea

Ruling

By Taiye Agbaje

Abuja, June 19, 2024 (NAN) A Federal High Court, Abuja, on Wednesday, refused to grant bail to the suspended DCP Abba Kyari and four other police officers charged with alleged drug trafficking.

The News Agency of Nigeria (NAN) reports that other defendants in the charge marked FHC/ABJ/57/2022, are four members of the disbanded Police Intelligence Response Team (IRT), including Sunday J. Ubia, Bawa James, Simon Agirigba and John Nuhu.

Justice Emeka Nwite, in a ruling, held that the defendants had not placed sufficient materials before the court to warrant granting the request.

Justice Nwite said that granting bail was at the discretion of the court which must be exercised judicially and judiciously.

NAN reports that the suspended IRT boss was detained following his arrest on Feb. 14, 2022 by the National Drug Law Enforcement Agency (NDLEA) for alleged involvement in cocaine deal.

Kyari, along with four suspended officers, was arraigned on March 7, 2022.

Two suspected drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, who were arrested at Akanu Ibiam International Airport in Enugu, were also charged.

While Kyari and the IRT members pleaded not guilty, Umeibe and Ezenwanne pleaded guilty and were convicted.

Meanwhile, Kyari, in his fresh application for bail, said he had spent two years in pre-trial detention by March 7, far in excess of one year which the Administration of Criminal Justice Act (ACJA), 2015 deemed exceptional circumstances, even for person charged with capital offence.

Citing Section 161(2)(b) and (c) of ACJA, Kyari, through his lawyer, argued that this development was thus a core consideration for the purpose of the exercise of court’s discretion to either grant or refuse bail.

He also argued that the facts and circumstances stated in the earlier rulings of the court as necessitating the refusal of his bail application no longer existed as 15 out of 16 of the prosecution witnesses had already testified, citing Section 124(1)(b) of the Evidence Act, 2011.

He further argued that his continued detention violated his fundamental human rights.

Delivering the ruling, Justice Nwite held that the discretion of the court remains throughout the course of trial in a criminal case which can always be exercised to meet the merit and justice of each case.

He said the paramount considerations in the exercise of the discretion are for the defendants to answer to their charges without jumping bail, and not to be in a position to interfer with investigation or tamper with prosecution witnesses, thereby, undermining the administration of criminal justice and constitute a threat to wellbeing of the society by committing similar or other offences.

“The question begging for answer at this juncture is, having addressed these issues in the court rulings of 28th of March, 2022 and 30th of August, 2022, what has changed to distort my findings in the two rulings?,” he asked.

The judge said though Kyari stated in his affidavit that the trial had lasted for two years and that the prosecution had called 15 out of its 16 witnesses, he said Section 161 (2)(b)(c) cited by the applicant only talks about offence publishable with death penalty.

He said juxtaposing the section with Section 35(1) of the 1999 Constitution, one would see that there was no breach of the provisions of Section 161(2)(b)(c).

Justice Nwite held that “Section 35(1) stated that a person who is charged with an offence and has been detained in lawful custody and awaiting trial shall not continue to be kept in such detention for a period higher than the maximum period of imprisonment.

“It is not in dispute that the offence which the 1st defendant/applicant is charged carried a maximum punishment of 25 years.”

According to him, in other words, the one year stipulated in Section 161(2)(b) and (c) of ACJA, 2015 is of no moment in view of provision of Section 35(1) oh the 1999 Constitution (as amended)..

The judge said the constitution is supreme and its provisions shall have binding force on all authorities and persons.

Justice Nwite, therefore, held that, having addressed the issues in his earlier rulings, he was of the view that nothing had changed to distort his findings.

The judge, who refused the bail application for Kyari, including other suspended police officers, sustained his earlier order on accelerated hearing.(NAN)(www.nannews.ng)
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edited by Sadiya Hamza

Remand

By Ngozi Njoku

Ikeja, June 19, 2024 (NAN) An Ikeja Special Offences Court on Wednesday ordered the remand of the former staff of Punch Newspaper Ltd, Olusegun Ogunbanjo, in Kirikiri Correctional Facility over alleged N950 million fraud.

The Presiding judge, Justice Ismail Ijelu, remanded Ogunbanjo pending his arraignment on the alleged fraud.

The court order was sequel to exparte application filed and argued by the Director of Public Prosecution (DPP), Dr Babajide Martins, dated June 19 and supported with 14 paragraphs affidavit.

Martins submitted that the court had on May 28, 2024, issued a warrant of arrest against the defendant, Ogunbanjo, who had refused to appear in court to answer criminal charge against him.

He said the defense counsel, Mr Chijioke Jiakponna, had told the court to produce the defendant for arraignment but did not, before the court issued the warrant of arrest.

According to Dr Martins, in consonance with the law, we filed a written address as well as the affidavit in support of the exparte application.

“The application is seeking an order to remand the defendant pending the arraignment.

“They vied that he failed to appear in court to answer the criminal charge against him. The counsel on record has informed the court to bring the defendant but failed to do so.

“It was the Department of State Security (DSS) that arrested him on June 14. The application is harmless and is in tandem with the law.

“The court should take judicial notice that the criminal charge has been pending since November 2023. On March 28, court issued a warrant of arrest when he failed to appear in court.”

It would be recalled that aside Ogunbanjo, other defendants in the suit marked ID/21559C/2023 are Olawunmi Ogunbanjo, Vaneloo International Limited, Valeco Global Ventures, Bagco Garba, Taofeek Ogunbanjo, Ifeanyi Odogwu, Bound Media Limited and Godwin Benson.

Ogunbanjo was first arraigned on March 8, 2023 on three counts bordering on obtaining money by pretence, forgery and stealing before the Magistrate’s Court.

The police alleged that the defendant committed the offence between January 2017 and December 2022, in the Ikorodu area of Lagos State.

The defendant was alleged to have obtained N450m from one Olusola lkuyajesin and N500m from one Durodola Balogun under the pretences of using the money to buy stationeries.

He was also accused of forging the organisation’s Local Purchase Orders to carry out the acts.

The prosecution said the offences contravened sections 287, 314, and 365 of the Criminal Law of Lagos State, Nigeria, 2015.

However, the 45-year-old pleaded not guilty to the charges and was granted bail in the sum of N10m with two responsible sureties in like sum.

Since November, when the case was filed at the High Court, he failed to appear in court.

However, while ruling on the ex-parte application on Wednesday, Ijelu said he had carefully considered the prosecution prayers and his submission.

“The ACJL 2021 states that where the defendant is arrested after bench warrant has been issued, the defendant must be brought to court for a remand.

“It is on record that this court issued a warrant of arrest against the defendant on March 28. It is hereby ordered that the first defendant be remanded in Kirikiri Correctional center till June 20 for his arraignmemt.”

He subsequently adjourned the case to June 20 for arraignment.

NN/MNA

Edited by Maureen Atuonwu

L-R: Secretary, Nigerian Bar Association, Ikeja Branch Law week committee, Thelma Coco-Bassey; Chairman, NBA Ikeja Branch Law week committee, Olatunde Adejuyigbe(SAN); Chairman, NBA Ikeja Branch, Seyi Olawumi; Financial secretary, Muhammed Jimoh during the NBA law week Press Conference in Lagos.

NBA
By Ngozi Njoku
Ikeja, June 19, 2024 (NAN) Mr Lawal Pedro, the Lagos State Attorney-General, will lead the legal luminaries to the 2024 annual Law Week slated for June 21 to June 27.
The News Agency of Nigeria (NAN) reports that the Law Week is organised by the Nigerian Bar Association (NBA), Ikeja Branch.
The Chairman of the branch, Mr Seyi Olawunmi, said the Annual Law Week was aimed at celebrating the commitment to justice and the rule of law.
Olawunmi spoke at a news conference on Wednesday in Lagos.
Listing activities lined up for the week-long event, Olawunmi said the event would start with an opening ceremony on June 21 followed by the inauguration of the NBA Ikeja library.
He noted that this would be preceded by the Young Lawyers Session/Programme, jumat prayers and a welcome cocktail party.
The chairman said there would be a football match between the NBA Ikeja female team and the NBA Lagos team on June 22
“On June 24 and June 25, there would be a public lecture with the theme: “Public Governance in Troubled Times; Safeguarding the Rule of Law,” he said.
He said there would be a town halleeting with the topic: ” Lawyers and Law Enforcement Agencies.”
He said the annual week would bring together all stakeholders to share insights and broaden the thinking needed for the growth of the sector.
Olawunmi said the Alao Aka -Basorun annual lecture with the theme: “Replicating the Exemplary Leadership of Alao Aka, as the President of the NBA,” would hold on June 27.
He said that the guest speaker for the annual lecture would be Prof. Olarenwaju Fagbohun.
Olawunmi said the theme of the lecture resonated deeply with the challenges and opportunities that the legal profession face in the rapidly evolving world.
“The legal week will have an exciting lineup of events that will provide valuable insights and foster robust discussions on various aspects of the law.
“Some of the highlights would be keynote addresses and panel discussions which will have esteemed speakers and panelists.
“This will include the impact of technology on the legal profession, human rights advocacy and the role of lawyers in economic development.
“As legal practitioners, our duty is to adapt to these changes, uphold the highest standards of professional conduct and contribute meaningfully to the development of the legal system,”he said.
The chairman noted that as part of the association’s commitment to giving back to the community, its legal aid clinics would also provide free legal services to those in need in ensuring that justice was accessible to all.
The chairman added that the initiative was part of testament to the branch’s dedication to serving the public and upholding the principles of equity and fairness.
According to him, the law week will also provide an excellent opportunity for networking and building professional relationships.
Olawunmi said: “Our social events will facilitate interactions among legal professionals, fostering a sense of camaraderie and collaboration.
“As we embark on this week of activities, I want to emphasise our unwavering commitment to excellence in legal practice.
“The legal profession is the bedrock of a just society and we must continuously strive to uphold the integrity, independence and professionalism that our calling demands.
“The challenges that lie ahead from the ever-changing legal landscape, to the pressures of maintaining ethical standards in a competitive environment would be discussed,” he said.
The chairman reteirated that through events like the law week, the association would collectively address challenges, share knowledge and inspired one another to achieve greater heights.
He appreciated sponsors, partners and all the volunteers who had worked tirelessly to make the law week a reality.
“As we move forward, let us remain steadfast in our commitment to justice, professional integrity, and service to our community,” Olawunmi said.
Apart from Pedro, other speakers and panelists expected at the event include Mr Kanu Agabi (SAN), Prof. John Oluwole Akintola, National President, Christian Lawyers Fellowship of Nigeria and Mr Yemi Ademolekun
Others are Mr Norrison Quakers (SAN), Dr Olaniyi Olopade (SAN), Mr Afolabi Selebo, Mr Tokunbo Wahab, Dr Oluyinka Olumide and Prof. Olarenwaju Fagbohun (SAN), among others.(NAN)
NG/JNC
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Edited by Chinyere Joel-Nwokeoma

Erisco controversy: Again court adjourns Okoli’s trial until Sept. 26

Adjournment
By Taiye Agbaje

Abuja, June 19, 2024 (NAN) A Federal High Court in Abuja on Wednesday, adjourned the trial of Mrs Chioma Okoli, charged with allegations bordering on her online commentary on Erisco Foods Limited’s tomato paste, until Sept. 26.

Justice Peter Lifu adjourned the matter following a letter by the defence lawyer, Inibehe Effiong, informing the court that he would not be able to attend the proceeding.

Counsel to the prosecution, Adam Sani, who acknowledged Effiong’s apology, did not oppose the application and the judge adjourned the matter until Sept. 26.

The News Agency of Nigeria (NAN) reports that the court had, on June 13, adjourned the case until today because the trial judge went on an official assignment.

NAN reports that Mrs Okoli was, on May 31, admitted to N5 million bail with two sureties after spending few days in a correctional centre following her arraignment on two counts on May 28.

Okoli is being charged over her online commentary on Erisco Foods Limited’s tomato paste which the police alleged violated the Cybercrime Act, 2015.

She pleaded not guilty to all the counts.

The police had alleged that initial investigations revealed significant evidence suggesting Okoli’s involvement in breaking existing laws, especially concerning the appropriate use of cyberspace.

On Sept. 17, 2023, Okoli shared a Facebook post stating that she purchased Nagiko Tomato Mix from Erisco Foods, the day before and found it utterly sugary.

She mentioned that she normally buys Gino or Sonia brands, but they were out of stock.

Her post generated reactions and forced the management of the company to involve the police through a petition to the I-G.

The controversy also prompted scrutiny of the product’s registration, prompting the National Agency for Food and Drug Administration and Control (NAFDAC) to carry out an inspection on the Erisco Foods’ Nagiko Tomato Mix’s registration in 2021.(NAN)(www.nannews.ng)
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edited by Sadiya Hamza

Alleged Terrorism: Nnamdi Kanu seeks out-of-court settlement

Terrorism
By Taiye Agbaje

Abuja, June 19, 2024 (NAN) The leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, on Wednesday, indicated his interest to explore out-of-court settlement in the alleged terrorism charge preferred against him by the Federal Government.

Kanu’s lead counsel, Aloy Ejimakor, told Justice Binta Nyako of a Federal High Court, Abuja upon resumed trial in the matter.

Ejimakor told the court that he had discussed the matter with the lawyer to the Attorney-General of the Federation (AGF), Chief Adegboyega Awomolo, SAN, in the last adjourned date.

But Awomolo said though Ejimakor had a discussion with him on the issue, the senior lawyer said he bluntly told him to approach the AGF who had the power to initiate the idea.

According him him, I have not been instructed or authorised to do so.

Earlier when the matter was called, Awomolo informed the court that the matter was scheduled for trial.

He said he was ready to proceed as their witnesses were in court.

Ejimakor then informed the court that he had two applications before the court.

The lawyer said one was Form 49 application seeking the committal of the director general of Department of State Service (DSS) to prison for alleged disobedience to court orders

He said the second was the application challenging the jurisdcition of the court.

He said the DSS had not fully complied with the orders of the court as their visit to Kanu was still being bugged.

Ejimakor, however, said in their last visit to Kanu on Monday, there was considerable improvement in the way they were treated by the security agency.

He said he and his colleagues were granted access into the facility and they were given papers to take note.

The lawyer, however, insisted that the service had not obeyed the order directing them to give Kanu a “safe room,” to meet with his lawyers.

Ejimakor expressed concern that the room the DSS gave them to meet with their “client is bugged.”

He, therefore, urged the court to invoke Section 17 of the Federal High Court Act, which he said, provides for “reconciliation” and facilitation of amicable settlement in criminal or civil matters.

He claimed that he had, in the last adjourned date, discussed the proposition with Awomolo and that the senior lawyer told him the proper time for such issue had not come.

Responding, Awomolo said did not have the instruction of his client to embark on any negation with the defendant over the charge.

He said as a legal practitioner, he was only briefed to prosecute the matter.

“I told him to go to the AGF who has the power,” he said.

However, trial judge who observed that the court had no problem with exploring out-of-court settlement if the parties decided to do so, urged Kanu to approach the AGF who is the proper person to negotiate with.

On the issue of Form 49 application filed by Kanu, Justice Nyako held that application was not before her.

She said the matter would be looked into when the application Is brought before her.

The judge, however, ordered the DSS to provide an “unbugged space” for Kanu to meet with his lawyers each time they were at the facility to prepare for his defence.

She said the unbugged space could be a garden within the DSS premises where Kanu and his lawyers could discuss without any interference by the DSS operatives.

Meanwhile, Justice Nyako also dismissed a fresh application by Kanu challenging the jurisdiction of the court to entertain counts 1,2,3,4,5,8 and 15 for being unconstitutional.

The judge held that she cannot overruled herself on issues she had already resolved, adding that the only option left for the applicant was to proceed on appeal.

Justice Nyako equally ordered the prosecution to file and serve its prove of evidence on the defendant while the defendant should file his defecee pending the next adjourned date.

She ordered that the defendant should agree with the prosecution where there are no issues and state his objection where necessary.

Kanu, through his lawyer, had in the fresh application urged the court to quash the charges for being unconstitutional.

He argued that in five counts, the prosecution failed to indicate the exact location where Kanu’s alleged offensive broadcast occurred.

He had argued that the court lacked jurisdiction since the prosecution failed to show in the charge whether the alleged offensive broadcast was a punishable offence in Kenya or Britain, the two places where Kanu had been outside Nigeria before his rearrest.

The judge adjourned the matter until Sept. 24 for further hearing.

The News Agency of Nigeria (NAN) reports that the IPOB leader had been in the custody of the DSS since 2021, when he was re-arrested and brought back to continue his trial on allegedly treasonable felony and terrorism charge.

The court had, on May 20, refused to release him from custody on grounds that the DSS is the proper place for the defendant to be while the trial last.

The court, which declined Kanu’s application, ordered the DSS to grant Kanu unfettered access to his lawyers and fixed Wednesday for trial.(NAN)(www.nannews.ng)
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edited by Sadiya Hamza

Alleged cocaine deal: Court denies Abba Kyari, others’ bail plea

Ruling
By Taiye Agbaje

Abuja, June 19, 2024 (NAN) A Federal High Court, Abuja, on Wednesday, refused to grant bail to the suspended DCP Abba Kyari and four other police officers charged with alleged drug trafficking.

The News Agency of Nigeria (NAN) reports that other defendants in the charge marked FHC/ABJ/57/2022, are four members of the disbanded Police Intelligence Response Team (IRT), including Sunday J. Ubia, Bawa James, Simon Agirigba and John Nuhu.

Justice Emeka Nwite, in a ruling, held that the defendants had not placed sufficient materials before the court to warrant granting the request.

Ruling on Kyari’s bail application, Justice Nwite said that bail was at the discretion of the court.

NAN reports that the suspended IRT boss was detained following his arrest on Feb. 14, 2022 by the National Drug Law Enforcement Agency (NDLEA) for alleged involvement in cocaine deal.

Kyari, along with four suspended officers, was arraigned on March 7, 2022.

Two suspected drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, who were arrested at Akanu Ibiam International Airport in Enugu, were also charged.

While Kyari and the IRT members pleaded not guilty, Umeibe and Ezenwanne pleaded guilty and were convicted.

Meanwhile, Kyari, in his fresh application for bail, said he had spent two years in pre-trial detention by March 7, far in excess of one year which the Administration of Criminal Justice Act (ACJA), 2015 deemed exceptional circumstances, even for person charged with capital offence.(NAN)(www.nannews.ng)

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Details later

Plea
By Sandra Umeh
Lagos, June 19, 2024 (NAN) A 24-year old man, Chiazo Obi on Wednesday pleaded guilty to dealing in hard drugs –  Cocaine, Heroin and Cannabis – .

Chiazo took the plea when he was arraigned before a Federal High Court, Lagos, by the National Drug Law Enforcement Agency (NDLEA).

The defendant was arraigned before Justice Chukwujekwu Aneke, on a three-count charge bordering on unlawful deal in hard drugs.

Following his plea, the Prosecutor, Mrs N.J Mamza, applied for a date to enable her review the facts of the case.

The court adjourned the case until June 21 for review.

The defendant was said to have committed the offence on May 13, at the Mazamaza area of Lagos.

“Obi was caught with nine grammes of Cocaine, five grammes of Heroin and 21 grammes of Cannabis.

“The substances are classified as banned narcotics in the NDLEA schedule,” the prosecutor said.

Manza said the offence contravenes the provisions of Section 11(c) of the NDLEA Act, 2004. (NAN)

UNS/CEO/ROT

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Edited by Chidi Opara/Rotimi Ijikanmi