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Category: Judiciary

  • Yahaya Bello to be arraigned, June 13

    Yahaya Bello to be arraigned, June 13

    The former governor of Kogi State, Yahaya Bello, Friday finally agreed to submit himself to the Federal High Court Abuja for arraignment on June 13.

    At the Friday sitting, Justice Emeka Nwite rejected the former governor’s request for suspension of trial.

    Following the rejection of the application, the lead Counsel to the defendant, Abdulwahab Mohammed, gave the undertaking that his client will appear before the court in the next adjourned date.

    He stated that Bello was not afraid of arraignment but the safety of his life in the hand of the Economic and Financial Crimes Commission (EFCC) in Abuja.

    According to Mohammed, the life of his client has been under consistent threats in Abuja, hence, his decision to go underground for safety.

    In his remarks, Justice Nwite reiterated that EFCC as a law-abiding body would not do anything against the provisions of the law.

    The court added that Bello was not the first former governor to be merely invited by the anti-graft agency and would not be the last.

    The judge also said that the charges are based on allegations that have not been proved, adding that the law even presumes any accused person innocent until proven otherwise.

    Consequently, Justice Nwite advised Bello’s lawyer to prevail on his client to respect the law and order of court as a law-abiding citizen.

    Responding, Mohammed expressed gratitude to the court, adding that with the assurance that EFCC would not do anything untoward, the former governor would be brought to court.

    “All my client needs is just an assurance for the safety of his life which has been under threat for sometimes in Abuja.”

    He, therefore, requested for four weeks to bring his client before the court.

    However, he added that the former governor, now at large, will come to the court instead of the EFCC to take his plea in the charges.

    In his reaction, counsel to the Anti-graft agency, Rotimi Oyedepo SAN, didn’t oppose the application.

    Justice Nwite fixed June 13 for Bello to appear in court to take his, please.

  • Review of Judges salary: Bill passes second reading

    Review of Judges salary: Bill passes second reading

       
    A bill seeking to increase the salaries and allowances of judges at all levels has passed second reading in the senate.

    The bill was considered after Lola Ashiru, deputy majority leader, led the debate during plenary on Thursday.

    Ashiru said the bill, which was sent by the executive, will enhance the integrity of the judicial arm of government.

    Contributing to the debate, Tahir Monguno, senator representing Borno north, said improving the welfare of judges will insulate them from corruption.

    “There is a need to bring up the remuneration of judicial officers that have stagnated over the years,” Monguno said.

    “This will insulate judicial officers from corruption and give them courage to deliver judgments that are just and fair.”

    On his part, Orji Uzor Kalu, senator representing Abia north, said increasing the salaries of the judges is the right thing to do.

    “No right thinking Nigerian will not think that it is right to keep the judiciary comfortable. I want to thank the executive for deeming it fit to increase salaries of judges at all levels,” Kalu said.

    “We should not stop at the judiciary but look at other sectors of the economy.”

    Emmanuel Udende, senator representing Benue north-east, said judges have had their morale dampened over the years because of poor remuneration.

    “For the past 15 years, judicial officers have remained on meagre salaries,” he said.

    “When you interact with them as a lawyer, you see their morale is dampened, and when the morale is dampened the work will be.”

    The bill passed second reading after it was put to a voice vote by Senate President Godswill Akpabio.

  • Alleged N2.7bn Fraud: Fmr Aviation Minister, Sirika, Daughter, others arraigned …granted 100m bail each

    Alleged N2.7bn Fraud: Fmr Aviation Minister, Sirika, Daughter, others arraigned …granted 100m bail each

    The Economic and Financial Crimes Commission (EFCC) Thursday, arraigned and granted bail of N100 million each to a former Minister of Aviation, Hadi Sirika, his daughter, Fatima and two others.

    Justice Sylvanus Oriji of High Court of the Federal Capital Territory, Maitama, ordered the defendants be remanded in the Correctional Centre should they failed to meet the bail conditions.

    Sirika, who served under President Muhammadu Buhari administration
    alongside Jalal Sule Hamma and Al-Durag Investment Ltd was docked on a 6-count amended criminal charge over abuse of office to the tune of N2.7 billion.

    Before plea taking, the prosecution counsel, Rotimi Jacobs SAN, informed the court of an amended charge by the EFCC dated May 7, and filed on May 8, which was not opposed by counsel to the defendants.

    The defendants had pleaded not guilty, and Jacobs urged the court for expeditious hearing of the case.

    Sequel to not guilty plea, Kanu Agabi SAN, counsel for Sirika (1st defendant) informed the court of his client’s bail application dated May 6.

    Reacting, Jacobs told the court that all the defendants are on administrative bail and urged the court to grant bail on the condition that will make them appear for their trials.

    Meanwhile, ruling on the bail application, Justice Oriji granted bail to each of the defendants in the sum of N100m with two sureties each.

    The court held that the sureties must own landed property within the FCT with valid land titles and must depose to an affidavit of means.

    The court also restricted the defendants from traveling abroad without its permission.

    Justice Oriji ordered that the defendants should be remanded in prison custody if they fail to meet up with the bail conditions.

    Meanwhile, the matter has been adjourned till 10, 11, and 20 June for commencement of trial.

  • FG, states will review sentencing for suicide attempt – AGF

    FG, states will review sentencing for suicide attempt – AGF

    The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), has promised a review of the law imposing sentencing for suicide attempts.

    He gave the promise when he received a delegation from the Asido Foundation, a non-governmental organisation promoting mental health advocacy and reforms with a view to improving awareness, reducing stigma and discrimination and empowering persons with mental disorders and their families.

    In a statement signed by Kamarudeen Ogundele,
    S A to the President on Communications & Publicity,
    Office of the AGF, Sunday, the Minister said health is one of the priority areas of the administration of President Bola Ahmed Tinubu.

    “The law is something we have to take a second look at, especially where it is established that the offenders are not in the right state of mind. What the offenders need is pity, treatment and love so as to rid society of this kind of situation.

    “But whatever we do is not binding on the states. So, I will take the case to the Body of Attorneys General,” Fagbemi said.

    He promised to take up the issues around the Mental Health Act with his colleagues in the Federal Ministry of Health.

    Earlier, the founder of Asido, Dr Jibril Abdulmalik, sought the help of the AGF in reviewing the law sentencing people for attempted suicide and the implementation of the Mental Health Act signed into law by former President Muhammadu Buhari in January 2023.

    Abdulmalik said medical evidence had shown that all over the world, 80-90 percent of those who attempted suicide had background mental illness, especially depression.

    “It is because of sense of hopelessness that makes them get to the edge where they think they are better off dying.

    “In that situation what they need is help and treatment, not punishment and incarceration. We know the workload is heavy for our judicial officers…We don’t want them overburdened with cases that should ordinarily go to the hospitals,” he added.

  • Court bars Kano DisCo from implementing new tariff

    Court bars Kano DisCo from implementing new tariff

    A Federal High Court in Kano has issued an order restraining the National Electricity Regulatory Commission and the Kano Electricity Distribution Company from implementing the new electricity tariff for Band A consumers.

    The suit marked FHC/KN/CS/144/2024 was filed by Super Sack Company Limited and BBY Sacks Limited.

    Others are Mama Sannu Industries Limited, Dala Foods Nigeria Limited, Tofa Textile Limited, and Manufacturers Association Of Nigeria Limited.

    However, ruling on an ex-parte motion by Abubakar Mahmoud, counsel to the plaintiffs, the presiding judge, Abdullahi Liman, ordered NERC and KEDCO from going ahead with the impending tariff pending the hearing and determination of the motion on notice filed before it.

    The order also restrained the defendant from intimidating and threatening to disconnect the applicants’ electricity supply for non-acceptance of the new increased tariff.

    Recall that in April, NERC approved an increase in electricity tariff for customers under the Band A classification.

    With the new tariff, customers under the category, who receive 20 hours of electricity supply daily, would begin to pay N225 per kilowatt, starting from April 3 — up from N66.

    The sudden hike has since been criticized by the House of Representatives and other stakeholders who have asked NERC to suspend the implementation of the new tariff.

  • MultiChoice defies court order, increases DStv, GOtv subscriptions

    MultiChoice defies court order, increases DStv, GOtv subscriptions

    MultiChoice Nigeria Limited has ignored an interim order granted to the Competition and Consumer Protection Tribunal (CCPT) in Abuja, and increased the subscription rates for its DStv and GOtv bouquets.

    Recall that on Monday, the tribunal issued a clear injunction restraining MultiChoice Nigeria from increasing its subscription prices, which were set to take effect on May 1.

    The tribunal also granted an application for substituted service of the interim order, after reports surfaced that MultiChoice’s officers at its Abuja office refused to accept the court documents.

    In a ruling, the presiding officer, Saratu Shafii, said the decision underscores the tribunal’s commitment to ensuring that MultiChoice complies with its orders.

    The applicant, an Abuja based lawyer, Festus Onifade, told reporters that a top manager at the Abuja office directed that any document should instead be sent to their Lagos headquarters.

    However, according to reports the new subscription fees were enforced on Wednesday, May 1, much to the dismay of millions of subscribers who waited for the company to halt the new rates.

    Following this development, consumers viewed the increase as a betrayal by MultiChoice and accused the cable company of disregarding both the legal system and customer interests.

  • Contempt: A/Court grants EFCC’s stay of proceedings against Yahaya Bello …fixes May 20 for hearing

    Contempt: A/Court grants EFCC’s stay of proceedings against Yahaya Bello …fixes May 20 for hearing

    The Court of Appeal, Friday, granted an exparte motion for stay of proceedings filed by the Economic and Financial Crimes Commission(EFCC) against the contempt proceeding instituted by the former Governor of Kogi State, Yahaya Bello, against the Chairman of the Commission, Ola Olukoyede.

    Justice Joseph O.K. Oyewole, consequently granted the EFCC’s application to serve the processes in the Appeal by substituted means on the former governor.

    Consequently, the matter was adjourned for hearing of the motion on notice to May 20, 2024.

    The EFCC boss who was summoned to appear before the Kogi State High Court on May 13, 2024, to show cause why he should not be committed to prison for disobeying the Orders of the court, had appealed the Ruling of the trial Court and sought a stay of the proceeding of the Court.

    The EFCC boss is facing a contempt charge for carrying out “some acts upon which they (the EFCC) have been restrained” by the Court on February 9, 2024, pending the determination of the substantive Originating Motion.

    Justice I. A. Jamil, delivering a ruling in Suit No: HCL/68M/2024 and Motion No: HCL/190M/2024, ordered that “the said act was carried out by the Respondent (EFCC) in violation of the order, which was valid and subsisting when they carried out the act. That same act of the Respondent amounts to Contempt.

    EFCC operatives had laid siege on the residence of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, as early as 8am on April 17, 2024, with a bid to arrest him, despite a court order restraining them from taking such action, pending the determination of the Originating Motion.

    Justice Jamil’s order was based on a motion ex-parte filed by Yahaya Bello through his lawyer, M.S. Yusuf, Esq, where he prayed the court for an order to issue and serve the Respondent (EFCC Chairman) with Form 49 Notice to show cause why Order of committal should not be made on Olukoyede.

  • Gov Obaseki finally swears in five Edo high court judges after 11-month delay

    Gov Obaseki finally swears in five Edo high court judges after 11-month delay

    After a lengthy 11-month delay, Governor Godwin Obaseki of Edo State has finally sworn in five out of the eight judges recommended for appointment as Honourable High Court Judges by the National Judicial Council (NJC) in June 2023.

    The newly sworn-in judges are Justice Obayuwana Osarenren Mathias, Justice Ehinon Anthony Okoh, Justice Ovenseri Otamere, Justice Bright Eraze Oniha, and Justice Osayande Ikwuemosi Awawu.

    Reports indicate that the delay in swearing in all eight judges stemmed from petitions against some of the nominees. 

    Chris Nehikhare, Edo State Commissioner for Communication and Orientation, noted that the petitions necessitated further investigations before the full panel could be appointed.

    The Nigerian Bar Association (NBA) had condemned Governor Obaseki’s delay in swearing in the judges, citing it as an abuse of power and a disregard for constitutional provisions. 

    Specifically, the NBA’s Section on Public Interest and Development Law (NBA-SPIDEL) highlighted the constitutional obligation of the Governor to swear in appointed judicial officers promptly.

    SPIDEL said the delay hindered the functioning of the justice delivery system and left the appointed judges needing means of sustenance. 

    In response to the mounting pressure, Governor Obaseki eventually swore in five of the judges at the Festival Hall in Government House, Benin City. 

    During the ceremony, he reminded them of the importance of impartiality in dispensing justice

  • Court adjourns Rivers LGs/Govt, AGF, Police, DSS, others case till May 22

    The Federal High Court, Abuja, on Thursday, adjourned hearing in the suit seeking to stop the Rivers State Government from withholding the financial allocations of the 42 Local Government Councils in the state, to May 22.

    The presiding judge, Justice James Omotosho, adjourned the matter to enable parties already served with the court’s documents respond accordingly, just as he ordered service on the 1st to 4th and 6th respondents who were neither in court nor represented by any lawyer.

    At the last adjourned date, the court, while ruling in an ex-parte application, refused to issue an interim order against the Rivers State government and other respondents pending the hearing of the main suit.

    He ordered the plaintiffs to put the respondents on notice and ordered all parties to maintain the status quo by not doing anything that would render the suit nugatory.

    However, when the matter was called on Thursday, while the 1st – 4th and 6th were absent in court, M. N. Umoh, Olumide Fusika, SAN, Damian Okoro, SAN, and Sammie Somiari, SAN, appeared for the 5th, 7th, 8th and 9th respondents respectively.

    The four lawyers all admitted service of court order to maintain status quo and asked for time to respond, adding that they are still within the time allowed by law to file their responses.

    When asked by the judge if they were also served with the court’s order directing all parties to maintain status quo, all but the 5th defendant admitted service.

    Justice Omotosho told the respondents that he had declined to grant the interim order but after plaintiffs’ counsel, Clement Ijom stated that salaries of teachers, primary health workers and other local government staff depend on the allocation, he then ordered parties to maintain status quo pending the hearing and determination of the matter.

    Subsequently, the judge ordered the respondents to file in their responses, while the suit is served on the remaining respondents.

    The Inspector General (IG) of Police, Commissioner of Police (CP) Rivers, Director General (DG) State Security (SSS), Director SSS Rivers, Attorney-General of the Federation (AGF), Chairman Revenue Mobilization Allocation and Fiscal Commission, Rivers State Government, AG Rivers State and Finance Commissioner in Rivers are 1st to 9th respondents respectively.

    The plaintiffs, on the other hand, include Dr Chidi LLoyd, Chairman, Emohua Local Government, Hon Alwell Ihunda Chairman, Port Harcourt Local goyvernment, Dr Nwanosike Samuel, Ikwerre Local Government, amongst others.

    They are suing the respondents over the financial allocation to the council as well as their personal security.

    Pending the hearing and determination of their motion on notice for interlocutory injunction, the plaintiffs had filed an ex-parte application seeking to restrain the Rivers State Government from withholding their financial allocation.

    They had also prayed the court to restrain the security agencies from withdrawing the security personnel attached to them.

    In the suit marked FHC/ABJ/CS/537/2024, and filed by their lawyer, Aliyu Hussein, the local government Chairmen, also sought an order prohibiting the defendants from preventing the enforcement or implementation of the newly amended Rivers State Local Government Law N:5 of 2024 pending the determination of the motion.

    In a 33 paragraph affidavit in support of the application deposed to by Dr Chidi LLoyd, Chairman of Emohua Local Government, the applicants claimed to have been duly elected in a democratically conducted election for a term of three years under the provisions of the Rivers State Local Government Law.

    They asserted that they are autonomous and constitutionally recognized as one of the tiers of the government and that Rivers State House of Assembly Enacted Rivers State Amended Law to guide their affairs and activities.

    They claimed that Rivers State Government, AG and Finance Commissioner who are not happy with the amended law have approached the IGP, CP, DG SSS and Director SSS seeking the withdrawal of policing and other security services from them in order to frustrate the implementation of the amended law.

    The Chairmen alleged that the Police Commissioner in the state who has the responsibility to advise the IG on the policing and security needs of Rivers State is under substantial control of Rivers State Government and would implement the directive of the state government.

    They further asserted that it would be impossible for them to carry out their respective functions and duties without the policing and security services of the IG.

    The Council chairmen asked the court to restrain the defendants, especially the Rivers State Government, from taking the law into its hand.

    They promised to undertake to pay for damages if their suit turns to be frivolous.

  • Defection: Court dismisses APC suit seeking sack of ex-Benue gov, Ortom

    Defection: Court dismisses APC suit seeking sack of ex-Benue gov, Ortom

    By Vivian Michael, Abuja

    Justice Inyang Edem Ekwo of the Federal High Court in Abuja has dismissed a suit filed by the All Progressives Congress(APC) seeking the removal of former Benue State governor, Samuel Ortom, from office over his defection to the Peoples Democratic Party(PDP).

    In the ruling, the court held that the suit had become academic, exercise in futility and can no longer confer any benefits on the APC. It stated that it has been overtaken by events.

    Besides, the judge said that the court has no power to extend the tenure in dispute to accommodate the request of the APC.

    Justice Ekwo said that the tenure being eyed by the APC had been spent by Ortom before the case could be concluded.

    The APC had dragged the Independent National Electoral Commission, INEC, PDP and Ortom before the court praying that Ortom be kicked out of office on account of his defection to the PDP.

    APC asserted that it canvassed for votes and won the majority of lawful votes of 422,932 as against the PDP which scored 313, 878 to come second, in the 2019 governorship election in Benue State.

    The party asked the judge to invoke sections 1, 177 and 179 of the 1999 Constitution and Section 97 of the Electoral Act 2010 to hold that Ortom cannot transfer its lawful votes to PDP, thereby making PDP to unlawfully become the winner of the 2019 poll.

    However in his judgment in the suit marked FHC/ABJ/CS/458/2022, Justice Ekwo held that the cause of action had ceased from the day the former governor completed the tenure of office.

    He dismissed the suit, noting that it no longer has life to sustain it and therefore lacked merit.