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Category: Judiciary

  • Nnamdi Kanu heads to appeal court over “denial of fair hearing”

    Nnamdi Kanu heads to appeal court over “denial of fair hearing”

    Leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has approached Court of Appeal, Abuja, to seek redress over alleged denial of his right to fair hearing by the Federal High Court Abuja.

    Justice Binta Nyako of the Federal High Court Abuja, had on March 19, 2024, refused to grant bail to Kanu, who is being prosecuted by the Federal Government over allegation of treasonable felony.

    The legal team of the IPOB leader, led by Aloy Ejimakor, told the appellate court in a notice of appeal with charge No: FHC/ABJ/CR/383/2015, that the trial judge erred when she denied Kanu’s constitutional rights to fair trial.

    In the grounds of Appeal, it was stated that, “The learned trial Court erred in law when the Court assumed jurisdiction to proceed with the hearing of the criminal trial against the Appellant when the Appellant is glaringly denied the constitutional right to fair trial with particular reference to denial of adequate facilities to prepare for the defence of the criminal allegations against the Appellant and his right to counsel of his own choice, thereby occasioning a grave miscarriage of justice.

    “Fair hearing/trial bears the constitutional safeguards of ensuring that the Appellant is accorded the adequate facilities to prepare for the defence of the criminal allegations levelled against the Appellant.

    The appellant held that the Department of State Services, also failed to provide adequate “facilities to prepare for the defence of the criminal allegations against the Appellant and his right to counsel of his own choice, thereby occasioning a grave miscarriage of justice”.

  • Non-service of charge stalls Binance, executives arraignment by FIRS, EFCC

    Non-service of charge stalls Binance, executives arraignment by FIRS, EFCC

    The arraignment of Binance Holdings Limited and two of its executives; Tigran Gambaryan and Nadeem Anjarwalla, Thursday, stalled over non-service of charge by the Federal Inland Revenue Service (FIRS).

    FIRS is prosecuting the defendants on a four-count charge bordering on alleged tax evasion.

    Similarly, the Economic and Financial Crime Commission (EFCC) arraignment of the defendants on a five-count charge bordering on money laundering couldn’t be held because of the non-service of charge on the first defendant.

    The EFCC, in the charge, dated and filed on March 28, the defendants are being accused of money laundering to the tune of $35,400,000.

    When the matter was called for the defendants to take their plea before Justice Emeka Nwite of a Federal High Court, Abuja, only Gambaryan was represented by a lawyer.

    The company and Anjarwalla, who recently escaped from lawful custody, were not represented by any lawyer.

    However, Gambaryan’s lawyer, Chukwuka Ikwuazo, SAN, told the court that his client had not been served with the charge. Hence, his arraignment can not proceed.

    In his response, counsel to
    FIRS, Moses Ideho, though acknowledged that the agency had not served Gambaryan’s with the charge, he said all efforts to do so proved abortive because the defendant could not be reached at the EFCC’s detention.

    Ideho then prayed the court to serve Gambaryan in the open court, and the judge directed that the charge be served on him in the dock.

    He orally applied for a stand-down of the matter or an adjournment to enable Gambaryan to consult with his lawyer.

    Ikwuazo did not object to an oral application for adjournment, and the matter was adjourned until April 19 for him to take his plea.

    In the charge marked FHC/ABJ/CR/115/2024, dated and filed March 22 by the FIRS, the defendants were alleged to have committed the offence on or about Feb. 1.

    Count one alleged that while involved in carrying and offering services to subscribers on their platform, known as Binance, failed to register with the FIRS, for the purpose of paying all relevant taxes administered by the service.

    The offences are said to be punishable under Sections 8 and 29 of the VAT Act of 1993 (as Amended), Section 40 of the FIRS Establishment Act, 2007 (as amended) and under provisions of Section 94 of the Companies Income Tax Act (as amended) respectively.

    Meanwhile, the EFCC, in the first count, claimed that the defendants were charged with operating a specialised business of another financial institution in Abuja without a valid license between January 2023 and January 2024.

    The offence is alleged to violate Sections 57(1) and (2) of the Banks and Other Financial Institutions Act, 2020, and is punishable under Section 57(5) of the same Act.

  • Suspected membership of ISIS: Court grants DSS order to detain Nigerian, Osase Emmanuel

    Suspected membership of ISIS: Court grants DSS order to detain Nigerian, Osase Emmanuel

    The Federal High Court in Abuja has granted order for the detention of a Nigerian, Emmanuel Osase
    accused of being a member of the Islamic State in Iraq and Syria for 60 days.

    Justice Inyang Ekwo gave the order on Wednesday while ruling in a motion ex-parte filed by the State Security Service (SSS) marked: FHC/ABJ/CS/409/2024.

    The matter was brought before the court pursuant to section 66(1) of the Terrorism (Prevention and Prohibition) Act 2022.

    In his prayers, counsel to the SSS, Mr A. A Ugee asked the court for an order enabling the agency to detain Osase for 60 days pending the conclusion of investigation.

    Granting the order, the court held, “Upon studying the averments in the affidavit, I hereby grant the relief as prayed.”

    The judge subsequently adjourned the matter June 3, 2024.

    Osase who was arrested on March 11, was accused of propagating the messages of the terrorist group, opposing the Democratic system of government in Nigeria, and calling for terrorist attacks on Nigeria and its symbols of sovereignty.

    In an affidavit dated March 27, 2024, and deposed to by the personnel of the State Security Service attached to the Legal Service Department, National Headquarters, Abuja, Ahmad Abubakar, the service sought an order to detain the suspect for 60 days, adding that the release of the suspect could jeopardize its investigation.

    He said, “That it is necessary for the Applicant in the case to apply to this Honourable Court for an Order to detain the Applicant for a period of sixty (60) days, pending the conclusion of an ongoing investigation in a case of terrorism;

    ” That the Respondent was arrested by a team of personnel from the applicant’s office for alleged membership and propagation of Islamic State in Iraq and Syria (ISIS) terrorist messages, including opposition to the Democratic System of Government and the call for staging terrorist attacks against Nigeria State and its symbols of sovereignty;”

    Abubakar stated that Osase was jailed for five years for terrorism-related offences in France and was deported after the completion of his sentence.

    He noted that from the service’s preliminary investigation, Osase was still involved in terrorist activities.

    Abubakar said the respondent still engaged with a proscribed pro-ISIS online media group known as “al-Alawn Media Foundation.”

    “That Preliminary investigation revealed that the Respondent, who is an ex-convict, still engages in terrorist activities which previously led to his conviction in France;

    ” That the Respondent appeared not to have renounced his terrorist ideologies, as he continues to engage with the proscribed pro-ISIS online media group known as “al-Alawn Media Foundation” whose main objectives is the creation and dissemination of terrorist content and the promotion of terrorist attacks against Democratic Systems of Government such as Nigeria and the Western Governments including their interests across the globe;

    “That the Respondent who was born in the Federal Capital Territory left Nigeria for France and never returned to Nigeria until his deportation after completion of a five-year jail term in France for acts of terrorism and attempt to join the Islamic State (IS) linked terrorist group, Friqat Al-Ghuraba (Group of Foreigners) in Syria.”

    Abubakar stated that the respondent, upon sighting operatives of the service, formatted his phone.

    He said, ” That the Respondent at the point of arrest, formatted his mobile device to factory settings upon sighting security agents ostensibly to wipe out any suspicious contents on the device and cover up his nefarious activities;

    “That the activities of the Respondent constitute a potent threat to National Security and corporate existence of Nigeria;”

    He, however, urged the court to grant the request of the service, adding there was a need to painstakingly probe the respondent to ensure he does not constitute a security treat to the country and world at large.

    ” That the release of the Respondent at this time would jeopardize the investigation, as investigation has assumed a wider dimension;

    “That there is a need for a thorough investigation of the suspect to ensure that he does not pose any security threat to Nigeria or the world at large.

    “That the Respondent is helping with vital information that will lead to the arrest of other members who are still at large,” Abubakar stated.

  • OPL 245 Saga: Mohammed Adoke discharged, acquitted

    OPL 245 Saga: Mohammed Adoke discharged, acquitted

    Abubakar Kutigi of the Federal Capital Territory (FCT) high court, has dismissed and acquitted the former Attorney General of the Federation (AGF) Mohammed Bello Adoke, of the charges of fraud, bribery and conspiracy brought against him by the federal government.

    The Economic and Financial Crimes Commission (EFCC) prosecuted Adoke on alleged N300 million bribe said to have been given to Adoke.

    This is expected to finally bring litigation over the OPL 245 saga to an end.

    The court ruled that the EFCC did not provide any evidence to prove its case.

    Ruling on the “no case” submission made by Adoke, Kutigi said the EFCC failed to prove its charges of fraud, bribery and money laundering and ruled that the defendant has no case to answer.
    Consequently, he discharged and acquitted the former minister on all counts.

    The judge said the allegation of illegal tax waivers granted to Shell and Eni was not collaborated by the Federal Inland Revenue (FIRS) or any authority in government.

    Nigeria has now lost virtually all the cases it filed or joined in Italy, the UK and Nigeria.

    The EFCC had earlier conceded that it did not have sufficient evidence to oppose the applications by Adoke.

    Meanwhile, the court insisted that Rasky Gbinigie had a case to answer over the alleged forgery of company documents to remove the name of Mohammed Abacha as a director.

  • IPOB: Kanu’s family insists he needs cardiologist

    IPOB: Kanu’s family insists he needs cardiologist

    The family of the Leader of the Indigenous People of Biafra, (IPOB), Nnamdi Kanu, has
    raised fresh concern over his continued failing health, saying he needs urgent medical attention to avert a major health crisis.

    This is as the family sought to know those benefiting from the alleged whopping N800 million that the Federal Government spends as the cost of bringing him to court any time he is to make appearance.

    Spokesman of the family, Prince Emmanuel Kanu in a statement on Sunday said the family heard that the Federal Government spent N800 million each time he was brought to court.

    His words:” Mazi Nnamdi Kanu has finally become a money-minting venture for a few corrupt individuals in the corridors of power.

    “We heard that Government spends N800 million each time he is brought to court. Then, we want to know who the beneficiaries of the said money are?

    “Government should tell the people who collects and spends the money, and on what.

    “Our fear is that if it’s true that such humongous amount of money were spent on bringing him to court any time he is to appear, then it may be impossible to grant him bail any time soon because the cabal benefiting from his continued incarceration may not be willing to let go of their oil well.”

    The family which recently berated the Igbo political class for allegedly abandoning their son, expressed deep worry over his health condition.

    “We just got information that he is critically down. He has not been granted access to his personal doctors, and he urgently needs cardiologist. He should not be allowed to die in DSS custody”.

    The family, once again, called on the international community, to prevail on Nigeria to release the IPOB Leader who, it said, “is unjustly held for demanding the freedom of his Biafra people “.

    Kanu has remained in a solitary confinement at the Abuja headquarters of the Department of State Services, (DSS), since June 21 when he was abducted and extraordinarily renditioned from Kenya.

  • FG takes over the trial of alleged 4 terrorists who kidnapped and killed Imo monarch

    FG takes over the trial of alleged 4 terrorists who kidnapped and killed Imo monarch

    The federal government has taken over the prosecution of four suspected terrorists who allegedly kidnapped and killed the traditional ruler of Amanze Obowo Autonomous Community of Imo State, Eze Basil Njoku.

    The four defendants are Jude Iheme and Chika Madukwe, Nwokorie Chidiebere Ejike, and Victor Nwajuiba Obumneke were earlier slammed a three count charge which has been increased to five in the amended charges.

    At the resumed proceeding at the Federal High Court, Abuja, the
    Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi SAN, announced the taking over of the trial from the Inspector General of Police

    The AGF, through his counsel, David Kaswe, invoked section 174 of the 1999 Constitution and 105 of the Administration of Criminal Justice Act 2015 to assume trial of the terrorism charges.

    Consequently, he pleaded with the court to put off the arraignment until another date to enable him to study the case file.

    He said that the Inspector General of Police has already been directed to make the case file available to the Federal Ministry of Justice for approximate action by the AGF.

    Meantime, April 15 has been fixed for the re-arraignment of the defendants on the amended charge.

    Iheme, 52 years of Amagwu Amanze Obowo local government area of Imo and Madukwe, 42 years of Ndi-Uche Etiti Omuimo local government area also of Imo State, were said to have killed the traditional ruler on December 17, 2022.

    The defendants were accused of killing the monarch while coming from the Federal Medical Center, Umuahia, after kidnapping and collecting a ransom of N4 million cash from his family.

    In the charge marked FHC/ABJ/CR/575/2024, Iheme and Madukwe alongside others said to be at large were said to have conspired to commit felony to wit, acts of terrorism contrary to section 26 of the Terrorism Prevention and Prohibition Act 2022.

    They were also said to have armed themselves with guns and offensive weapons, attacked, kidnapped, and killed the monarch on December 17, 2022.

    The IGP also accused them of failing to volunteer information at their disposal to security agencies, which could have led to apprehension of other kidnappers contrary to section 16 of the same Terrorism Act.

    Part of the charge read “That you Nwokorie Chidiebere Ejike, 45 years ago and Victor Nwajuiba Obumneke, 39 years all of Ehume in Obowo LGA of Imo State between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical Squad, Abuja during the police investigation of offence of kidnapping and terrorism of the Royal Eze, Basil Njoku conspired and brought false accusations with internt to cause Nwigwe Emeka Williams to be charged with kidnapping and terrorism of Eze Basil Njoku, you thereby committed an offence contrary to section 125 of the Criminal Code Act.

    “That you Nwokorie Chidiebere Ejike, 45 years and Victor Nwajuiba Obumneke, 39 years all of Ehume in Obowo LGA of Imo State between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical Squad, Abuja with intent to mislead the police investigators in the case of kidnap and terrorism of Eze Basil Njoku, you gave false information to the investigators that a drunk man informed you that Nwigwe Emeka Williams is responsible for the kidnap and terrorism of Eze Basil Njoku Knowing or having reason to know that information you gave to police investigators is false and you thereby committed an offence contrary to section 125 of the Criminal Code Act 2004.

    “That you Nwokorie Chidiebere Ejike, 45 years ago and Victor Nwajuiba Obumneke, 39 years all of Ehume in Obowo LGA of Imo State between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical Squad, Abuja during the police investigation of offence of kidnapping and terrorism of the Royal Eze, Basil Njoku conspired and brought false accusations with internt to cause Nwigwe Emeka Williams to be charged with kidnapping and terrorism of Eze Basil Njoku, you thereby committed an offence contrary to section 125 of the Criminal Code Act.

  • New Salaries for Judicial Officers

    New Salaries for Judicial Officers

    In the latest review of judicial officers’ salaries made by President Bola Tinubu, the Chief Justice of Nigeria, CJN, Olukayode Ariwoola, will now earn N1monthly basic salary and N4.3 million regular allowances.

    This was contained in an executive bill sent to the National Assembly by the President on Tuesday seeking an upward review of the salaries of judicial officers.

    After the House of Representatives approved Tinubu’s request to increase the salaries and allowances of judicial officers, the CJN will earn N13.5 million in annual basic salary and N51.2 million in regular allowances, making it a total of N64.7 million.

    Further analysis of the new salary structure showed that the President of the Court of Appeal will earn N62.4 million annually.

    In contrast, the justices of the Supreme Court will earn N61.4 million annually.

    It would be recalled that in October last year, retired Supreme Court Justice Musa Dattijo Muhammad said the CJN N400,000 monthly salary is lower than the N1.2 million earned by the Supreme Court Registrar.

  • Court Refuses to stop impeachment move against Edo Deputy Gov, Philip Shaibu

    Court Refuses to stop impeachment move against Edo Deputy Gov, Philip Shaibu

    The Federal High Court in Abuja, again, refused to stop the alleged impeachment move against the incumbent Edo State Deputy Governor, Mr Phillip Shaibu by the State House of Assembly.

    Specifically, Shaibu prays the court to grant an order of status quo to be maintained by the House of Assembly and others involved in the impeachment move.

    Counsel to the plaintiff, Olawoyin Awoyale, (SAN) had orally requested for an order of status quo to be maintained by parties pending the hearing and determination of his motion on notice.

    In his ruling, Justice Omotoso held that the cited authority was not applicable in the Shaibu’s case because the Governor of Edo State and the Edo State House of Assembly who are the principal actors in the impeachment bid have not been served with the originating summons of the suit as required by law.

    However, the Judge granted the request that the Edo State Governor and the State House of Assembly be served with the originating summons by substituted means.

    Specifically, Justice Omotoso ordered that the court process be pasted at the entrance gate of the Edo State Government House and the gate of the State House of Assembly Complex both in Benin.

    Besides, the Judge also directed that all court papers be served on parties in the matter with the use of a registered Courier Company.

    Justice Omotoso subsequently fixed April 15 for hearing of the case.

    The Deputy Governor, Phillip Shaibu who was in the room throughout the Wednesday’s proceedings declined to speak with newsmen.

    In the motion marked FHC/ABJ/CS/321/2024, the Edo State Government, Edo State Governor, Edo State House of Assembly, Edo State House of Assembly Speaker, the Clerk of the Assembly, the Chief Judge of Edo State, Inspector General of Police IGP and Director General of the Department of State Services DSS were listed as the first to eighth defendants.

    Shaibu, in the suit, sought an order of the court restricting the third to fifth defendants from commencing any process by issuing a notice of allegation, holding proceedings, or setting up any panel of investigation for his removal pending the hearing of a motion on notice.

    He also sought an interim injunction restraining the defendants, whether by themselves or their agents, from interfering with the subject matter of the originating summons filed in the suit either by way of taking any adverse actions in relation to any attempt or process targeted at his removal from office as the deputy governor of Edo State pending the hearing of the motion on notice.

    Other reliefs sought are: “An order of interim injunction restraining the 1st to 8th defendants, whether by themselves, their agents, privies, servants, officials, representatives, and or any other person or authority acting through them, from preventing the plaintiff either by threat of removal from office or adverse actions capable of hindering the plaintiff from performing his official duties and discharging his responsibilities as the Deputy Governor of Edo State, including attending State Executive Council meetings, functions and other duties.

    “An order of interim injunction directing the defendants herein jointly, whether by themselves, their agents, privies, servants, officials, representatives, or any other person or authority acting through them, to maintain status quo ante bellum prevailing before the issuance of the purported notice or petition to commence removal of the Plaintiff from office pending the hearing and the final determination of the motion on notice. ”

  • BREAKING: Nnamdi Kanu Bail Appeal Denied

    BREAKING: Nnamdi Kanu Bail Appeal Denied

    The Federal High Court in Abuja on Tuesday rejected the bail application by the leader of the Indigenous People of Biafra, Nnamdi Kanu.

    The trial judge, Justice Binta Nyako, however, granted an accelerated hearing instead.

    Counsel for the IPOB leader, Alloy Ejimakor, had at the last adjourned date urged the court to admit Kanu to bail before the commencement of the trial.

    Ejimakor stated that Kanu’s health condition was deteriorating, adding that his continued detention by the DSS was a threat to his life.

    Ejimakor also argued that the continued incarceration of Kanu would not enable him to put up a good defence in the matter.

    But the counsel for the FG, Adegboyega Awomolo (SAN), urged the court to dismiss the bail application and instead grant an accelerated hearing.

    He noted that the DSS has a medical facility that could take care of him.

    Awomolo also accused Kanu of once jumping bail, adding that he failed to declare on oath in the affidavit filed by his lawyer that if granted bail, he wouldn’t jump bail.

    He was earlier granted bail on health grounds on April 25, 2017, after spending 18 months in detention but he fled the country after an invasion of his residence by the military in September 2017.

  • Unlawful arrest, detention: Nnamdi Kanu’s lawyer loses appeal against police, DSS

    Unlawful arrest, detention: Nnamdi Kanu’s lawyer loses appeal against police, DSS

    The Court of Appeal in Abuja, Monday, dismissed the appeal by Felix Okonkwo, one of the lawyers of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu over his unlawful arrest and detention by the Police and the State Security Services (SSS).

    Dismissing the appeal for want of merit and substance, the lead judge, justice
    Abang held that the appellant failed to establish miscarriage of justice in the judgment of a High Court of the Federal Capital Territory, Abuja, in the matter.

    Felix Okonkwo, Ikenna Chibuike, and Okafor Ugochukwu had dragged the Nigeria Police Force and the SSS before the high court for the enforcement of their fundamental human rights.

    They specifically accused the two security agencies of violating their fundamental rights by their unlawful arrest and detention on September 27, 2021, during which they claimed that they were tortured, harassed and intimidated while in the custody of the Police.

    Justice Samaila Bature had, in his judgment delivered on March 24, 2022 found Police liable for the unlawful arrest and detention of the the appellants and subsequently imposed a fine of N2 million against Police to be paid to the appellants.

    Justice Bature, however, did not make any order against the SSS because the Appellants, then plaintiffs, did not disclose any cause of action against SSS.

    Not satisfied with the findings and decisions of the high court, the three plaintiffs approached the Court of Appeal praying for an order to hold that SSS was also culpable in their arrest and detention.

    They claimed that the N2 million imposed on Police as fine to be paid to them was paltry and ridiculously low and asked the appellate court to jerk up the fine as compensation for their unlawful arrest and detention.

    In his judgment, Justice Abang held that from the video footage tendered as exhibit by the appellants at the trial court, there was no where the operatives of the SSS were found at the scene of their arrest in the house of Ifeanyi Ejiofor in Anambra state.

    The appellate court Justice disagreed with the appellants in their claims that the N2 million compensatory damages was grossly insufficient.

    According to Justice Abang, the decision to award compensatory damages is at the discretion of a judge and can not be dictated by any plaintiff or appellant.

    In the instant case, Justice Abang agreed with Justice Bature that peculiar facts and circumstances of the unlawful arrest and detention of the appellants were carefully considered at the trial court before arriving at the amount.

    Besides, Justice Abang said that the appellants did not point out irrelevant facts in the judgment of the high court and did not also disclose their status in the society, their their monthly or yearly income and also what they lost in the course of their detention.

    “In my opinion and going by the peculiar facts and circumstances of this case, the N2 million compensation to the appellants was properly awarded.

    “I can not fault the award because the appellant did not give any good reason for them to have been awarded a much higher amount.

    “In the final analysis, the appeal lacks merit, and it is accordingly dismissed. The decision of the trial court is hereby affirmed. There is order as to cost, “Justice Abang held.

    Justices Joseph Olubunmi Kayode Oyewole and Abba Bello Mohammed endorsed the unanimous judgment delivered by Justice Abang.