My Blog

Category: Judiciary

  • NBA-NEC removes SPIDEL’S leadership

    NBA-NEC removes SPIDEL’S leadership

    The leadership of the Section on Public Interest and Development Law (SPIDEL) has been removed by a unanimous vote of the Nigerian Bar Association’s National Executive Council (NBA-NEC).

    All the court cases that the outgoing SPIDEL executives filed are to be withdrawn, according to a caretaker committee that has been constituted.

    This was the outcome of the most recent NEC quarterly meeting, which took place in Jos.

    The caretaker committee is comprised of Ben Oji of the Warri Branch, Funke Aderemi of the Ilorin Branch, Yakubu Philemon, SAN of the Abuja Branch, and Eva Amadi of the Port Harcourt Branch.

    The committee was also mandated to withdraw all court cases filed by the removed SPIDEL leaders.

    The NBA NEC further proscribed the Forum of Body of vice chairmen and any other forum or body unknown to the NBA constitution.

    Additionally, the NEC passed a vote of confidence on the NBA executive committee led by President Yakubu Chonoko Maikyau, SAN.

    Maikyau had accused SPIDEL chairman, John Aikpokpo-Martins of taking unauthorized actions beyond the section’s mandate.

    He consequently ordered officials to halt activities pending a meeting on February 1st.

    Meanwhile, the Nigerian Bar Association (NBA) has scheduled its 2024 national officers elections to take place on July 20th.

  • IPOB: Kanu knows fate on fresh bail application, March 19

    IPOB: Kanu knows fate on fresh bail application, March 19

    Nnamdi Kanu, the self acclaimed leader of the proscribed Indigenous People of Biafra (IPOB), will on March 19, know fate on his fresh bail application in the terrorism charges against him by the federal government.

    The trial judge, Justice Binta Nyako, fixed the date after taking arguments from his counsel, Alloy Ejimakor, praying for his bail, while counsel to the FG, Adegboyega Awomolo SAN objected to granting of bail.

    In his argument, Kanu prayed for bail to enable him to have unfettered access to his lawyers for his defense.

    He also claimed to be suffering from acute hypertension and acute heart disease, among other diseases.

    Responding, FG objected to the application on the ground that Kanu was once granted bail but jumped and fled the country.

    Awomolo posited that all the bail conditions set by the court were breached and violated and pleaded with the court to dismiss the request.

    On another motion before the court, Kanu prayed the court not to allow continuation of his trial until certain conditions were met by the federal government.

    Among others, he requested that Department of State Security (DSS)operatives be barred from interfering with his lawyers during visitation.

    He also asked that the court should compel the federal government to wear the clothes of his choice.

    Reacting, the federal government objected to the request on the ground that he has no right under any law to dictate how his trial should be conducted.

    Consequently, Awomolo asked the court to dismiss the motion on the ground that it was a gross abuse of the court process that must not be allowed.

    In the meantime, the matter will continue March 19 for ruling on the bail application.

  • Terrorism charge: Kanu, FG, engage new lawyers

    Terrorism charge: Kanu, FG, engage new lawyers

    The leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu, has engaged new lawyers in his defense of the terrorism offences brought against him by the Federal Government.

    It was gathered that a new team of lawyers to be led by PAM Ejiofor and Alloy Ejimakor will take over Kanu’s defense in the 7-count charges.

    In the same vein, the federal government engaged the services of Chief Adegboyega Awomolo to lead its legal team in the prosecution.

    Awomolo is taking over from David Kaswe SAN, from the Federal Ministry of Justice in Abuja, who has been handling the case for the federal government.

    No reason was given for the change in the legal team being led before now by Chief Mike Ozekhome SAN and Ifeanyi Ejiofor.

    Meanwhile, the court has already been jam parked by lawyers, traditional rulers, clergymen, family members, and sympathizers of the Biafra agitator present.

    Kanu has already been brought to the courtroom by the operatives of the Department of State Service DS$

    Details later.

  • CJN Swears-in 11 New Supreme Court Justices, Monday

    CJN Swears-in 11 New Supreme Court Justices, Monday

    The Chief Justice of Nigeria (CJN) Justice Olukayode Ariwoola will be administering the oath of allegiance to the 11 newly appointed Justices of the Supreme Court, Monday, February 26.

    With the confirmation of the 11 justices, the Supreme Court now has the complete statutory requirement of 21 justices on its bench.

    This was contained in a statement signed by the Director of Press, Dr Featus Akande, Friday.

    He said, “The newly appointed 11 Justices of the Supreme Court will be sworn-in by the Chief Justice of Nigeria, Justice Olukayode Ariwoola on Monday at 10.00am at the Main Courtroom of the Supreme Court.”

    On December 21, the Senate confirmed the appointment of 11 Supreme Court justices submitted by President Bola Ahmed Tinubu to fill the vacancies on the apex court bench.

    The confirmation followed the consideration and adoption of a report by the Senate Committee on Judiciary, Human Rights, and Legal Matters during Thursday’s plenary.

    Tinubu had asked the Senate to confirm the nominees, who were recommended by the National Judicial Council to fill the vacant positions following the death and resignations of some justices.

    The nominees confirmed are Justice Haruna Tsammani (Northeast), who chaired the Presidential Election Petition Court, Justice Moore Adumein (South-South), Justice Jummai Sankey (North-central), Justice Chidiebere Uwa (South-east); and Justice Chioma Nwosu-Iheme (South-east).

    Others are Justice Obande Ogbuinya (South-East), Justice Stephen Adah (North-Central), Justice Habeeb Abiru (South-West), Justice Jamilu Tukur (Northwest), Justice Abubakar Umar (Northwest) and Justice Mohammed Idris (North-Central).

    The chairman of the committee, Senator Tahir Monguno (APC, Borno), while presenting his panel report, said the nominees possessed the requisite qualifications and experience to occupy the position and that there was no petition against them.

    He, therefore, recommended their confirmation.

  • Former Kwara Governor Arraigned In Court For Fraud

    Former Kwara Governor Arraigned In Court For Fraud

    The Economic and Financial Crimes Commission (EFCC) has brought forward charges against the immediate past Kwara State Governor, Abdulfattah Ahmed. 

    Ahmed was arraigned on Friday at the Federal High Court in Ilorin, the state capital.

    The anti-graft agency alleged that Ahmed misappropriated the sum of N1,610,730,500.00, originally designated for the security and running costs of the state, to charter private jets during his tenure. 

    The charges include an alleged N10 billion fraud, with Ahmed facing a total of 12 counts.

    One of the counts accused Ahmed of converting N400 million from a N1 billion short-term loan received by the Kwara State Government from Ecobank Nigeria Limited. 

    The EFCC contended that this conversion was done fraudulently, diverting funds intended for ongoing state projects.

    The EFCC’s document stated, “Ahmed (while being the Governor of Kwara State) between 2015 and 2019 in Ilorin within the jurisdiction of this honourable court used an aggregate sum of N1,610,730,500, property of Kwara State Government, meant for the security and running cost of the Government of Kwara State, to charter private jets through Travel Messengers Limited on different occasions for your local travels and which sum you reasonably ought to have known formed part of the proceeds of your unlawful act, to wit: criminal breach of trust or theft.”

    Abdulfattah Ahmed, who served as the state finance commissioner during Dr. Bukola Saraki’s governorship, succeeded Saraki in office and governed Kwara from 2011 to 2019.

  • Botched 2023 Census: Court asks NPC to release detail spending

    Botched 2023 Census: Court asks NPC to release detail spending

    Justice Inyang Ekwo of the Federal High Court, Abuja, has ordered the National Population Commission (NPC) to release details of spendings on the aborted 2023 Population Census to an Abuja based lawyer, Opatola Victor within seven days.

    The judge declared that the refusal by the NPC to release the information or records of spendings on the aborted census as requested by the lawyer on March 30, 2023, was illegal and unconstitutional.

    On the strength of Section 4 of the Freedom of Information Act, (FOI) the court held that the refusal of the commission to provide the plaintiff with information on the companies that provided due diligence report on the technology to be deployed for the ill-fated census was a gross violation of the right of the plaintiff.

    The court, however, refused to grant N500,000 in favour of the plaintiff as he requested in the suit.

    In the judgment, the judge granted an order of mandamus compelling the NPC, its servants, agents privies and officials to furnish the lawyer with comprehensive and detailed information concerning the Quality Test Assurance Report on the devices and technology to be deployed for the postponed 2023 population census.

    Justice Ekwo rejected the claim by the defendant that bureaucracy and the absence of its executive chairman at the time was responsible for the refusal to make the requested records available to the plaintiff adding that the claim was untenable.

    The judge also dismissed the claim by the NPC that some of the requested information was classified which prompted the refusal to make the records available to the plaintiff, adding that from the definition of classified information, there was nothing secret on the issue of population census.

    Justice Ekwo also said that the position of the commission that the record sought by the plaintiff was already in the public domain was not tenable because the request of the plaintiff was on record at the disposal of the NPC and not the one in the public domain.

    The Abuja lawyer had in the suit marked FHC/ABJ/CS/ 503/2023 prayed the court for an order that the refusal of the population commission to make the record of spendings on the aborted population census among others, available to him was a breech of his rights under Section 4 of the FOI Act 2012.

    He has prayed the court for an order of mandamus compelling the population commission to make the requested records of the aborted 2023 population census available to him in line with the provisions of the FOI Act.

    Although the plaintiff requested for a compensation of N500,000 for the breach of his rights by NPC under FOI, Justice Ekwo turned down the request on the grounds that the commission was not convicted for any offense.

  • FG To Resume Trial Of IPOB Leader Nnamdi Kanu On Terrorism Charges

    FG To Resume Trial Of IPOB Leader Nnamdi Kanu On Terrorism Charges

    The Federal Government of Nigeria is set to recommence the trial of Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), on terrorism charges.

    Following a Supreme Court judgment on December 15, 2023, permitting the continuation of the trial, proceedings are scheduled to resume on Monday, February 26.

    The trial will take place before Justice Binta Nyako at the Federal High Court in Abuja, as indicated in a notice viewed by reporters. 

    Notably, Kanu’s lead counsel, Mike Ozekhome, and the Attorney General of the Federation and Minister of Justice have been duly notified.

    Efforts have also been made to ensure Kanu’s presence in court, with the Director General of the Department of State Services (DSS) contacted for this purpose. 

    Kanu has been in DSS custody since his arrest in Kenya on June 19, 2021, and subsequent extradition to Nigeria.

    Initially facing 15-count terrorism charges, Justice Binta Nyako dismissed eight of the charges during the trial. 

    The Court of Appeal in Abuja later overturned the entire terrorism case in October 2022, citing the unlawful rendition of Kanu by the Nigerian government from Kenya.

    However, the Supreme Court, in a unanimous judgment delivered by Justice Garba Lawal on December 15, 2023, overturned the Court of Appeal’s decision, affirming the continuation of Kanu’s trial. 

    Despite acknowledging the irregularities in Kanu’s extradition, the Apex Court emphasized that such actions did not hinder the court’s authority to proceed with the trial, suggesting that the appropriate remedy for Kanu would be through a civil matter against the government.

  • Federal High Courts embark On Easter Vacation, March 22

    Federal High Courts embark On Easter Vacation, March 22

    The Chief Judge of the Federal High Court of Nigeria, Justice John Terhemba Tsoho, has announced that the courts will embark on Easter vacation from March 22 to 8th April 2024.

    This is Pursuant to the provisions of Order 46, Rule 4 (b) of the Federal High Court (Civil Procedure) Rules, 2019 (as amended).

    A statement signed by the Assistant Director of Information,
    Catherine Oby Christopher,PhD.
    Assistant Director Information, indicated list of vacation judges.

    The Court resumes sitting on Tuesday, 9th April, 2024 in all Judicial Divisions.

    During the vacation period, the Abuja, Lagos and Port-Harcourt Judicial Divisions shall remain open to the public only for cases of extreme urgency.

    It is essential to stress that, during the vacation, only matters relating to enforcement of Fundamental Rights; Arrest or Release of Vessels and matters that concerns dire National Interest are to be entertained by Vacation Judges.

    The Abuja Judicial Division will cater for cases from the Federal Capital Territory, North Central, North Western, and North Eastern parts of the Country.

    The Lagos Division will cater for cases from all the South Western States, while the Port-Harcourt Judicial Division will cater for cases from all states within the South-South and South Eastern Geo-political Zones.

    The following Hon. Judges will serve as Vacation Judges:

    ABUJA JUDICIAL DIVISION: Hon. Justice I.E. Ekwo and Hon. Justice D.U. Okorowo

    LAGOS JUDICIAL DIVISION has
    Hon. Justice A.O. Awogboro and Hon. Justice Ibrahim I. Kala

    While PORT-HARCOURT JUDICIAL DIVISION has Hon. Justice A.T. Mohammed and Hon. Justice S.I. Mark as their vacation judges.

    The Vacation Judges and Heads of Divisions are as usual advised to promptly refer to the Hon. Chief Judge all matters which they believe may require His Lordship’s urgent attention and directives.

    The Chief Judge of the Federal High Court of Nigeria, Honorable Justice John T. Tsoho, wishes his fellow lordships a wonderful vacation in advance.

  • Court decides ALGON’s authentic Nat’l Chairman, April 30

    Court decides ALGON’s authentic Nat’l Chairman, April 30

    Justice Inyang Ekwo of the Federal High Court Abuja, will on April 30, decide the case seeking a declaration that Akolade David Alabi is not qualified to be national chairman of the Association of Local Government of Nigeria (ALGON).

    Petitioners in the suit are the Incorporated Trustees of the Association of Local Government of Nigeria (ALGON), Honorable Abubakar Abdullahi and Honorable Shaban Oyinoyi Shuabu.

    Specifically, they maintained that Alabi, who was chairman of Bariga Local Council Development Area in Lagos State at the time, cannot be president of the association as Bariga is not among the country’s 774 Local Government Areas.

    The Federal Ministry of Finance, Accountant General of the Federation and Governor of Central Bank(first to third respondent), the Attorney-General of the Federation, Corporate Affairs Commission (CAC), Inspector General of Police, State Security Services(SSS) and Honorable Alabi Akolade David( fourth to eight respondents) are the Respondents.

    In their originating summons filed by Barrister Bartholomew Opara, they maintained that Alabi is not eligible to be ALGON chairman as he was not a local government chairman as contemplated by the 1999 Constitution, the Constitution of ALGON and a Supreme Court decision which had touched on the disput.

    He argued that Alabi had been removed by ALGON’s National Executive Council in 2019 but he keeps parading himself as chairman.

    Therefore, he prayed urged the court to affirm the removal of Alabi by NEC and perpetually restrain him from further parading as such.

    Responding, Counsel to Alabi, Wahab Shittu, in a counter affidavit and preliminary objection, urged the court to decline jurisdiction on the matter.

    At the resumed hearing on Friday, Okpara, adopted his originating summons and response to the eight defendant’s counter affidavit, asking the court to grant his prayers in the interest of justice.

    But Shittu told the court to strike out the case and dismiss the entire suit for lack of jurisdiction and for being incompetent.

    He added that the entire case rests on the constitution of ALGON and the only person that can be sued is the national president but the person sued is the national chairman.

    The court did not attend to the party seeking to be joined because of the issue of jurisdiction raised by Shittu.

    Part of his reliefs sought read,”
    “A Declaration that all the findings and resolutions of the 1st Claimant’s General Assembly convened on 30th May 2020 remain extant and binding
    on all and sundry; particularly, the resolution affirming its National
    Executive Council’s decision which removed the 8th Defendant
    as 1st Claimants National Chairman on 6th September 20I9; and the inauguration of an Interim Management Committee (IMC)
    mandated to set up an electoral committee for the conduct of a
    substantive Chairmanship election for the 1st Claimant.

    “An Order annulling or setting aside the purported General Assembly convened at the 8th Defendant’s instance on 24th March 2021, including all the activities carried out on the said date, to wit: purported resolutions arrived at, amendment of the ALGON Constitution, election /appointment of the 6th & 8th Defendants, alongside their cronies, to different offices.

    “An Order for the 1st, 2nd, 3rd, 4th, 5th, 6th & 7th Defendants to forthwith recognise, deal and or relate with the National Chairman of the 1st Claimant, and other persons, who emerged from the election conducted by the electoral committee set up by the Interim Management Committee (IMC) as occasioned by the resolution of the general assembly convened on May 30, 2020.”

    After listening to their argument, the case was adjourned to April 30th for judgement.

  • Court orders AGF to re-open prosecution of Dele Giwa, other journalists killers…Orders FG To Ensure Safety Of Journalists

    Court orders AGF to re-open prosecution of Dele Giwa, other journalists killers…Orders FG To Ensure Safety Of Journalists

    Justice Inyang Ekwo Of Federal High Court in Abuja, Friday, ordered the Attorney General of the Federation and Minister of Justice (AGF) to re-open investigation and prosecution of those who murdered the founder of Newswatch Magazine, Dele Giwa, in 1986.

    The Incorporated Trustees of Media Rights Agenda, MRA, had dragged the AGF through the court for the enforcement of fundamental rights of media professionals to safety as guaranteed by the 1999 Constitution and African Charters on Human Rights.

    The applicant deposed an affidavit showing the names of journalists killed at different times in 1986, 1998, 1999, 2008 and 2023.

    Justice Ekwo held that the office of the AGF was under obligation to prosecute and penalize killers of media practitioners in the country.

    Recall that Dele Giwa was murdered on October 19, 1986, in his Lagos office through a letter bomb.

    Apart from Dele Giwa, the court ordered that the killings of other journalists in the discharge of their lawful duties must be investigated and perpetrators brought to book in line with the provisions of the law.

    Justice Ekwo in the judgement ordered the Federal Government to ensure adequate protection and safety of lives of journalists as enshrined in sections 33, 39 of the Constitution and Articles 4 and 9 of the African Charters on Human and Peoples Rights.

    The applicant, through its lawyer, Mojirayo Nkana, said there have been various violations of the Nigerian journalists’ right to life for several years.

    She said some journalists are still being harassed by security agencies with the AGF allegedly doing nothing about it.

    Passing his judgement on Friday, Justice Inyang Ekwo held that it is noteworthy that Nigeria ratified several international treaties regarding the protection of fundamental human rights and the country’s government is legally bound by the treaties and is obligated to enforce same.

    He said that society is better informed when there is an effective press, adding that the respondent has not denied that journalists were killed.

    “It is deemed therefore that the respondents have admitted that the persons mentioned in the affidavit were journalists who were killed,” Ekwo said.

    The judge said an extrajudicial act cannot take place without the Federal Government investigating and prosecuting them.

    The judge found that the applicant has established its case and judgement was entered in its favor.

    “I make an order directing the federal government to take measures to raise awareness and build the capacity of various stakeholders particularly journalists and other media practitioners, policymakers, law enforcement, security, intelligence, military as well as other officials on the laws and standards in ensuring the safety of journalists and media practitioners.”