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Category: Judiciary

  • Ex-husband losses joint property ownership to Nigeria’s former envoy to Argentina

    Ex-husband losses joint property ownership to Nigeria’s former envoy to Argentina

    The Court of Appeal, Abuja, Monday, dismissed an appeal by Jude Chidiebere, a former husband to Nigeria’s envoy to Argentina, Chikerenwa Cordelia Anyatonwu over joint ownership of a property in Abuja.

    In a unanimous judgment delivered by the lead judge, Justice
    Okon Abang, the appellate court, dismissed the appeal for lacking in merit.

    At the federal capital territory high court,
    Chidiebere had sued his former wife, Chikerenwa Cordelia Anyatonwu, Nigeria’s former envoy to Argentina, claiming that a property at Kubwa, in Abuja jointly belong to their matrimonial family.

    He prayed the court to issue an order compelling his former wife to compute the amount generated as rent from the house since 2013 and share the same with him.

    However, the high court Judge, Justice A.A Kutigi dismissed the claim of the joint ownership of the property by the plaintiff.

    The high court held that the former husband to the Ex-envoy didn’t lead any credible evidence to establish his assertion that the property jointly belongs to him and his former wife.

    Not satisfied with the decision of the high court, Chidiebere approached the Court of Appeal in Abuja, praying that the judgment of the high court be voided and set aside on the ground of miscarriage of justice.

    However, in the Court of Appeal Judgmentent Justice, Okon Abang held that the appellant failed to convince the appellate court that there is injustice in the judgment of the lower court.

    Among others, Justice Abang said that the allocation paper and the certificate of occupancy issued by the Federal Capital Development Authority (FCDA) bear only the name of Chikerenwa Cordelia Anyatonwu.

    Justice Abang also held that all receipts for payments for the property to the FCDA were issued in the name of the former envoy.

    The appellate court held that the appellant did not establish any source of income to be able to buy a property other than been a driver, driving the former envoy around in Argentina and that the court cannot speculate for him.

    Justice Abang upheld the claim of the former envoy that she divorced her former husband due to irreconcilable differences occasioned by beating while they were together.

    The Court of Appeal disagreed with the claim of the appellant that he was responsible for letting out the property to a tenant adding that, mere letting out the property to a tenant was not sufficient to confer joint ownership on the appellant.

    “In my opinion, the first respondent in this matter, Chikerenwa Cordelia Anyatonwu, made a better case for her sole ownership of the property, block 145, Flat 1, in Kubwa, Abuja. There is no where the appellant made a better case for joint ownership, as he claims in this matter.

    “In all, this appeal lacks merit and is hereby accordingly dismissed. The judgment of the FCT High Court delivered on December 11, 2019 , in favour of the first respondent’s soul ownership of the property, is hereby affirmed, “the Justice Abang held.

  • NJC raises alarm over alleged bid to defraud retired Judicial officers

    NJC raises alarm over alleged bid to defraud retired Judicial officers

    The National Judicial Council (NJC) has raised an alarm over alleged incessant bids by a group of fraudsters to defraud retired Judicial officers across the country.

    According to the NJC, the alleged fraudsters have been bombarding its retired Judicial officers with phone calls demanding for various sums of money to help them fast track payment of their retirement benefits.

    In a statement signed in Abuja on Sunday, by its Director of Information, Barrister Soji Oye, thr council dissociated itself from the actions of the alleged fraudsters and pleaded with retired Judicial officers not to fall victims of the unscrupulous people.

    The statement read in part “The attention of the National Judicial Council has been drawn to the incessant phone calls being made to retired Judicial Officers by some unscrupulous individuals demanding payments to fast track the processing of their retirement benefits.

    “The National Judicial Council by this medium, informs retired Judicial Officers and members of the public to disregard such phone calls as NJC would never demand money from any Judicial Officer to fast track the payment of his retirement benefit.

    “The public is hereby advised to be wary of and report such calls to the Pension Department of the Council for appropriate action”, the statement said.

  • Kogi: Supreme Court sets aside Appeal court’s ruling on inspection order

    Kogi: Supreme Court sets aside Appeal court’s ruling on inspection order

    The Supreme Court has dismissed the Court of Appeal ruling which set aside the inspection Order granted the Candidate of the Social Democratic Party (SDP) by the Governorship election Petition Tribunal sitting in Abuja.

    The Governorship election petition Tribunal had, on November 25, 2023, granted an Exparte Order, allowing the SDP and its candidate in the 11th November, 2023 Governorship election to carry out forensic examination of all the Bimordal Voters Accreditation system (BVAS) used in the Governorship election, among other sundry reliefs.

    A three-man panel of justices of the Court of Appeal, led by Justice J.O.K. Oyewole, sets aside the inspection order, on the grounds that it has gone outside the province of the Electoral Act.

    The Court of Appeal ordered that, while inspection is allowed under the Electoral Act, it must be jointly carried out with the respondent and the scope of the inspection should be within the strict limit allowed under the Electoral Act.

    However, the Supreme Court, in a judgment delivered by Justice Emmanuel Agim, on Thursday, allowed the appeal of the Appellants, saying that the order of inspection made by the trial tribunal were within its power.

    The Court also held that the Respondents were duly served.

  • Alleged terrorism: Fubara’s loyalists trial adjourns to March 19

    Alleged terrorism: Fubara’s loyalists trial adjourns to March 19

    The Federal High Court Abuja, has adjourned the trial of five loyalists of Rivers State Governor, Siminalayi Fubara on terrorism charges has been adjourned to March 19.

    The adjournment was on the instances of Lukman Fagbemi, SAN, that the Inspector General of Police(IGP) filed a counter affidavit that raised more issues against the defendants.

    The five men charged with terrorism offences by the IGP, are Chime Eguma Ezebalike; Prince Lukman Oladele; Kenneth Goodluck Kpasa; Osiga Donald and Ochueja Thankgod.

    At resumed proceedings, Fagbemi told the court that he had filed a motion on notice challenging the competence of the terrorism charges and the territorial jurisdiction of the court to entertain the charge.

    He however, said that the Inspector General of Police responded to his motion through a counter affidavit that raised grievous allegations against his clients.

    He submitted that the counter affidavit was served on him during the proceedings and that he needed time to study the affidavit and respond to it appropriately.

    The Inspector General of Police, who was represented at the proceedings by Aliyu Garba, admitted that he served the counter affidavit opposing the application of Fagbemi in the court room.

    Justice Mobolaji Olajuwon after checking the case file found that the copy of the counter affidavit had not been served on the court.

    Based on the request of Fagbemi, Justice Olajuwon shifted the trial till March 19 with an order on parties to file and exchange processes before the date to ensure unhindered proceeding.

    The Inspector General of Police IGP had on January 25 slammed the terrorism charges on them for allegedly invading, vandalizing and burning down Rivers State House of Assembly last year.

    They were accused of committing the alleged terrorism offences during the wake of political upheaval that rocked Port Harcourt in October last year.

    In the charges against them marked FHC/ABJ/CR/25/2024, police alleged that
    apart from burning down the State House of Assembly, some of them were said to have killed a Superintendent of Police, (SP) Bako Agbashim and five police informants at Ahoada community of the state.

    The police informants said to have been killed by the defendants are Charles Osu, Ogbonna Eja, Idaowuka Felix, Paul Victor Chibuogu and Saturday Edi.

    They are also accused of using various cult groups, namely- Supreme Viking Confraternity, Degbam, Iceland and Greenland to unleash mayhem on the people of the state and their commercial activities.

    Specifically, they are alleged to have on October 29, 2023 at Moscow Road in Port Harcourt conspired to commit acts of terrorism by wilful destruction of public properties by invading, attacking, destroying and burning of the Rivers State House of Assembly, an offence punishable under section 26 of the Terrorism Prevention and Prohibition Act 2022.

    The defendants have since been at Kuje Prison in Abuja on remand having been denied bail by the court on account of gravity of charges against them.

  • How Lawyers, Civil Servant, Asabe Waziri Secured Police Covering To Invade Property

    How Lawyers, Civil Servant, Asabe Waziri Secured Police Covering To Invade Property

    Despite court order, a civil servant, Ms. Asabe Waziri, a staff member of the Nigerian National Petroleum Company, and her lawyers, Chukwudi Prince Oli and C. J. Abengowe of Oli and Partners went ahead to secure covering from the Nigeria police to invade a property situated at No 1, Mekong Close, Maitama, Abuja.

    Findings revealed that the police are still occupying the property, as at the time of filing this report.

    Despite being aware of the court order barring them from having anything to do with the property, Asabe and her lawyers secured services of the police to give them cover to take over the property.

    Justice Mohammed Madugu of the High Court of Justice of the Federal Capital Territory had ordered Asabe Waziri not to go near the property pending the hearing and determination of the substantive suit.

    Justice Madugu had ordered “upon reading the Motion on Notice” along with the accompanying affidavit of Yinka Bariwa, including the written address filed along with the application. And upon hearing A.V GANI (Esq) Counsel for the Claimant/Applicant.

    “Court hereby makes the following order(s): leave of this court is granted to the Clamant/Applicant for an interlocutory injunction restraining the 1sy Defendant/Respondent ( Asabe Waziri) from interfering. trespassing, disturbing the quiet possession of the Applicants or doing anything adverse to property described as a two (2) bedroom unit, of flat 3B and 3C, Abeh signature Apartments, 1, Mekong Close. Maitama Abuja FCT, pending the hearing of the substantive suit with Reference No: CV/3261/22”

    The absence of the judge yesterday stalled the hearing of the suit.

    The case has been adjourned to. March 27, 2024.

  • Bayelsa Guber: Panel declines to recluse from proceeding

    Bayelsa Guber: Panel declines to recluse from proceeding

    The Bayelsa State Governorship Election Petition Tribunal, Monday, declined to recluse self from proceeding with the petition before it, challenging the election victory of Governor Duoye Diri.

    The All Progressive Congress (APC) and it’s Candidate, Timipriye Sylva had filed a motion seeking disqualification of members of the panel from the proceeding.

    The tribunal, led by Justice Adekunle Adeleye dismissed the motion after he took arguments from counsel to Sylva, Mr. Tunde Falola, Mr. Charles Edosanwan for INEC, Chief Chris Uche, SAN, for Governor Diri, Mr. Chukwuma Machukwu Ume, for the deputy Governor and Tayo Oyetibo for PDP.

    In a brief ruling, the panel held that a letter from the President of the Court of Appeal on March 5, mandated the tribunal to proceed with hearing of the petition, irrespective of any application by the parties.

    He, therefore, said the PCA’s letter has overtaken the request by the petitioners for the disbandment of the tribunal.

    Sylva’s lawyer, Falola, had argued that his clients filed the fresh application against the tribunal on the ground that the two petitioners are convinced beyond reasonable doubt that they cannot get justice from members of the panel.

    The two petitioners further stated that the tribunal had exhibited strange circumstances that made them to believe that they would be denied fair hearing.

    He, therefore, asked the tribunal to in the interest of justice, step aside from the petition and allow other members to be constituted by the PCA to determine their petition within the little time remaining for the expiration of hearing of the case.

    Meanwhile, all the Respondents, through their respective lawyers, opposed the request for the panel members to recuse themselves.

    They argued that the application was an attempt to prevent the respondents from presenting their defense against the petition.

    They stated that the motion by APC and Sylva was a calculated attempt to blackmail the tribunal members to do their bidding.

    The four respondents claimed that the petitioners closed their case, even when the time allocated to them had not expired, hence, there was no basis for the allegation of denial of fair hearing to them.

    Bedsides, the respondents also stated that APC and Sylva were part of the pre-hearing session and fully subscribed to the schedule of time as agreed upon by all the parties.

    The tribunal has fixed March 13 and 14 for INEC, being the 1st respondent, to open and close its defence.

  • Alleged N4b fraud: Obiano prays court to quash charges against him

    Alleged N4b fraud: Obiano prays court to quash charges against him

    Willie Obiano, the former Anambra State Governor, has asked the Federal High Court in Abuja to quash the N4billion corruption charges brought against him by the federal government.

    He premised his motion on notice pursuant to provisions of the 1999 Constitution and the Administration of the Criminal Justice Act 2015.

    The ex-gov argued that there is a subsisting appeal by the Anambra state government challenging the authority of the Economic and Financial Crimes Commission EFCC’s authority to investigate the funds.

    He argued through his counsel, Onyechi Ikpeazu SAN, that there was no connection between the proof of evidence and the alleged accusation against him.

    Obiani maintained that there was no testimony from any witness indicating that he issued directives for the disbursement of security votes and other funds belonging to the Anambra state government.

    He emphasised that the he cannot be held accountable for any alleged unlawful actions by officials of the Anambra state government as there is no concept of vicarious liability in criminal justice system.

    The former governor is being prosecuted by EFCC on 9- count charges bordering on money laundering to the tune of N40 billion.

    The anti-graft agency alleged that Obiano bypassed financial institutions in numerous unlawful cash transactions using funds allegedly stolen from the state’s account.

    The EFCC claimed that the cash amounts involved in the transactions exceeded legally permitted limits.

    The motion on notice was brought pursuant to section 6 (6) (a) and (b) and section 36(6) (6) b of the 1999 constitution as amended and
    section 1(1) & (2), 266, 271(b), 383(4) &492 (3) of the Administration of the Criminal Justice Act 2015.

    Among others, Obiano is seeking “An order of the court quashing the instant charge for it amounts to flagrant abuse of judicial process and a mockery of the criminal Justice

    “An order quashing the charge for non disclosure of a prime facie case being vague and devoid of precision in respect of all the 9 count charges.

    “No prima facie case has been disclosed against the defendant in this charge.There is no link between the proof of evidence and the purported allegation made against the defendant in the charge

    “No evidence exist from any witness showing that the defendant passed down directive for the disbursement of security votes and other funds belonging to Anambra state government.

    “The defendant cannot be made answerable for any purported unlawful actions of officials of Anambra State government as there is no vicarious liability in our criminal jurisprudence.

    “The thinking and conclusion of the prosecution on the counts arose from speculation and suspicions

    “The subject matter of the charge borders on accountability for security vote funds.
    The honorable court lacks the requisite jurisdiction to entertain issues on accountability for security vote funds

    “There is an appeal filed by the Anambra state government challenging the powers of EFCC to investigate the security vote of Anambra state government.

    “The preferment of the entire charge is in bad faith. This honourable court has inherent judicial power to grant all the reliefs sought above.

    At Thursday’s resumption of trial, Sylvanus Tahir (SAN), counsel for the EFCC, informed the court that he had received the defendant’s motion and had responded accordingly with counter affidavit.

    However, he said while attempting to serve the defendant’s counsel with his response, he found their gate locked but that he managed to deliver the response in the court room.

    Responding, Patrick Ekweto (SAN), counsel to Obiano requested time to respond to EFCC’S counter affidavit.

    In a short ruling, Justice Inyang Ekwo granted the defendant two days to file and serve their process on the EFCC.

    The matter continues March 13 for the motion to be heard.

  • Appeal Court Affirms Abure As Labour Party Chairman, Fines Apapa

    Appeal Court Affirms Abure As Labour Party Chairman, Fines Apapa

    The Court of Appeal in Abuja has set aside the judgment of the Federal Capital Territory High Court which restrained Julius Abure and two others from parading themselves as national officers of the party.

    Ruling on an ex parte application on April 5, 2023, Hamza Muazu, the Presiding Judge, had restrained Abure, Farouk Ibrahim, Clement Ojukwu, and Oluchi Opara from acting as national officers of the LP.

    The court also dismissed the objection raised by Abure challenging his removal as chairman of the LP.

    The suit which was filed by Martins Esikpali John, Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, John Elomah, and Ayobami Arabambi accused Abure and others of forging several documents of the FCT high court to carry out unlawful substitutions in the last elections.

    The defendants, however, approached the appeal court for redress.

    Delivering the lead judgement on Wednesday, Justice Hamman Barka held that the high court was wrong to have assumed jurisdiction on the matter.

    He also awarded N1m in favour of the appellants.

  • Alleged N7.6B fraud: Appeal court strikes out move to retry Gov, Orji Kalu

    Alleged N7.6B fraud: Appeal court strikes out move to retry Gov, Orji Kalu

    The Federal Government move to retry the former Abia State Governor, Orji Uzor Kalu, in the N7.6billion fraud and money laundering, had been strike out.

    Justice Joseph Kayode Oyewole of the Appeal court, court sitting in Abuja dismissed the suit for incompetent and unreliable for any court to use to grant the request of government.

    Among others, Justice Oyewole said that the record of appeal was not compiled, signed and certified by any person known to law.

    Specifically, Justice Oyewole said that the name of the person who compiled, signed and certified the record were not reflected as required by law.

    Recall that a Federal High Court had on December 5, 2019, jailed the former governor now s a senator representing Abia North for 12 years for stealing N7.6billion from the Treasury of Abia State as a governor.

    However, the supreme court voided the judgement of the lower court on the ground that Justice Mohammed Idris who delivered it was already a Justice of the Court of Appeal having been elevated.

    The Apex court, in a judgement delivered by Justice Ejembi Ekwo held that Justice Mohammed Idris cannot operate as a Federal High Judge and Justice of the Court of Appeal at the same.

    Consequently, the Apex court ordered the Chief Judge of the Federal High Court to give the trial to another Judge for a fresh trial.

    Kalu however went back to the Federal High Court and and Justice Inyang Ekwo granted him an order prohibiting the Economic and Financial Crimes Commission (EFCC) from instituting a fresh prosecution.

    The Judge held that Orji Uzor Kalu was not expressly stated in the judgment of the Supreme Court.

    Not satisfied with the decision of Justice Ekwo, the prosecution appeal against the decision of the high court.

    The matter was Wednesday, dismissed for the failure to produce proper records of proceedings of the high court.

  • Protesters storm Maitama over ‘Illegal’ enforcement by Asabe Waziri, Police, FCT court officials

    Protesters storm Maitama over ‘Illegal’ enforcement by Asabe Waziri, Police, FCT court officials

    Protesters in their large numbers stormed Maitama district of the Federal Capital Territory, to protest what they described as illegal siege on a property, located at No. 1 Mekong Close.

    Two flats in the property of 15 flats have been in dispute between Abeh Signatures Limited and Asabe Waziri, a millionaire civil servant and staff of the Nigeria National Petroleum Company Limited(NNPCL) for over two years.

    The Resident Facility Manager, Monday Fada, who led other protesters, said in the last one week, the peace of the area and the property has been disrupted.

    He alleged that the police are being used to perpetuate illegalities by aiding Mrs Waziri to gain possession of the property.

    Therefore, they called on the Inspector -General of Police, Mr Kayode Egbetokun to call his men to order to avoid breakdown of law and order.

    “We had an invasion here on Friday by one Madam Asabe Waziri, using the police to come and disrupt the peace in our property without any valid court, no notice, nothing.

    “They had the backing of the police and they came and vandalized people’s property here.

    “We are calling on President Bola Tinubu, the FCT minister, and the Inspector -General of Police to intervene and restore peace to this property because that is what we need in here.

    “If there is any issue on the property, the court is there to hear the grievances of all parties. We want the rule of law to prevail, things should be done with due process.

    “These are investors who have invested heavily, so the president should not allow this to happen as it will discourage other investors,” he said.

    Last week, a lawyer, Mr Victor Giwa, wrote the IGP to halt the illegalities being perpetuated by the Nigerian Police and Ms Asabe Waziri.

    In the letter dated March 1, 2024, signed by Barrister Giwa, the lawyer accused policemen under the Deputy Inspector-General of Police in charge of Operations of giving backing to break into a property located at No. 1Mekong Close, Maitama, Abuja.

    The lawyer called for the intervention of the IGP to halt what could lead to breakdown of law and order in the area.

    Giwa said in the, letter, “Staff of our client approached them to find out why they were criminally intimidating and trespassing into the property without any authorization or any valid Order of Court which no body answered. The hoodiums accompanied by the Police went straight to Flat 3B and 3C, broke down the entire doors and windows without consent or authorization of the resident who were not even at home and began to vandalize, destroy and bring out all the belongings inside the 2 Flats.

    “The Manager of the apartment upon approaching the hoodlums to find out what is actually going on, was threatened that if he tried anything funny, he will be shot and brutalized. The manager later found out from one of the policemen that they were instructed to come there upon the malicious instigation of one Asabe Waziri and the FCT High Court Director of Enforcement Mr Tony Chukwuemeka Ubani who are both parties to various Court cases revolving around this particular property.

    “Asabe Waziri and Mr Tony Ubani hoodwinked the DIG Police Force Operations to enforce an Order of Court which is not enforceable. The Case is already pending before the Court of Appeal Abuja Judicial Division and even the Court was of the opinion that the Order/Judgment cannot be enforced as it was just an Order to maintain Status quo.

    “The property that was criminally trespassed is also currently Lis Pendens and a subject of Litigation pending before a Court of law. This development is totally strange and unlawful as there is an already subsisting Court Order from FCT High Court Bwari restraining Asabe Waziri from interfering, trespassing, disturbing the quiet possession of the residents and she was further estopped from doing anything adverse to the property described as a two (2) bedroom unit of flat 3B and 3C, Abeh Signature Apartments, 1 Mekong Close Maitama Abuja pending the determination of the substantive suit with reference number: CV/3261/22. Please find attached a copy of the Court Order and pictures taken from the incidence annexed to this petition. The unlawful actions of parties involved caused a lot of damages to the properties of the residents worth Millions of Naira. We respectfully call on your good office to investigate into these illegal and unlawful acts and subsequently prosecute them accordingly. Please accept the assurances of our professional regards always.”