My Blog

Category: Judiciary

  • Court ‘Postpones’ Ruling On Kano Emirate Tussle

    Court ‘Postpones’ Ruling On Kano Emirate Tussle

    A Federal High Court in Kano has postponed its judgement on the Council Repeal Law 2024 to 2 pm, Thursday.

    The court judgement was initially scheduled for 12 pm today but was moved before noon.

    Recall that the incumbent Governor of Kano State, Abba Kabir Yusuf, had dethroned the 15th Emir of Kano, Aminu Ado Bayero, and also overturned the establishment of four emirates in Bichi, Rano, Karaye, and Gaya, by his predecessor, Abdullahi Umar Ganduje.

    A newly passed state law was also used to reinstate the 14th Emir of Kano, Muhammadu Sanusi II, who was ousted by Ganduje in 2020, as the 16th Emir of Kano.

    However, a key figure in Kano emirate, Aminu Babba Danagundi, the Sarkin Dawaki Babba, contested the legality of the law and requested the court, through his lawyer, Chikaosolu Ojukwu (SAN), to declare the law invalid.

    The judge, Justice Abdullahi Muhammad Liman, upon receiving the motion last Friday, adjourned the case to Thursday for consideration of the request.

    The judge will also issue a decision on a request for a stay of proceedings made by A.G. Wakil, the lawyer for the State Attorney General and Kano State Government, who was also involved in the lawsuit against Danagundi.

    This case is of significant interest as it will shape the future direction of the emirate dispute.

    The Kano State command of the Nigeria Police Force has since admonished the public to remain peaceful and patriotic as the Court delivers its ruling.

    In a statement issued earlier, the command’s spokesman, SP Abdullahi Kiyawa, reiterated the commitment of the command to protect lives and property while warning against any attempt to incite violence.

    “In collaboration with other law enforcement agencies, the command will strictly enforce the ban on public protests, processions, and unlawful gatherings imposed by the state government.

    “Violators and their sponsors will face legal consequences. Adequate security personnel will be deployed to maintain law and order.

    “The public is urged to cooperate with the security forces and provide actionable information to preserve peace and detect deviants. Non-state actors, including vigilantes and hunters, are advised to refrain from participating in security operations under any guise,” he said.

  • BREAKING: Court frees Binance executives Gambaryan, Anjarwalla

    BREAKING: Court frees Binance executives Gambaryan, Anjarwalla

    The Federal High Court sitting in Abuja has discharged Tigran Gambaryan, a 39-year-old American, and fleeing Nadeem Anjarwalla over alleged tax evasion.

    The duo, both executives of cryptocurrency exchange platform Binance, were dragged to court by Federal Inland Revenue Service (FIRS) over alleged tax evasion.

    The court made the decision following fresh amended charges filed by the FIRS in view of a notice from Binance about its appointment of a Nigerian representative, Ayodele Omotilewa. 

    Recall that Gambaryan and fleeing Anjarwalla are facing a four-count charge by the Nigerian government brought before the court, a case now before Emeka Nwite, the trial judge.

    Even though Binance had no legal representation in court, Gambaryan took to the dock to have the charges read to him.

    But his counsel, Chukwuka Ikwazuonu, notified the court that his client had not been served with the charge, stating it was rather too hasty to have him take to the dock without knowing what his client is about to be tried for.

    The prosecutor from the FIRS, Moses Ideho, informed the judge that service of the charge hadn’t been possible due to lack of access to the defendant in custody. 

    This prompted the Court to order service of the charge on the defendant in open court. And following this, the judge adjourned till 19 April for arraignment of Gambaryan. 

    In the second case by the anti-graft agency, the EFCC, through its counsel E.E. Iheanacho informed the Court that he had served Gambaryan with the charge.

    But Mark Mordi, counsel for the defendant, this time around, said Binance, the company which he represents hasn’t been served, therefore arraignment couldn’t go ahead. 

    Moreso, as it’s a joint charge, Mordi argued that it’s necessary to serve every person individually with the charges before the case can go ahead. He also informed the Court that his client declined service of the charge on behalf of Binance because he wasn’t authorized to do so. 

    The prosecutor however maintained that the defendant, being a top official of Binance was a fitting representative of the company in this particular instance.

    But stated that in the alternative however, the Court can enter a not guilty plea for Binance to allow the case go ahead.

  • Federal High Court Begins Vacation July 23

    The Chief Judge of the Federal High Court of Nigeria, Justice John Tsoho, has declared the court’s annual vacation for 2024, set to begin on Tuesday, July 23, and conclude on Friday, September 13, 2024.

    This announcement was made public through a statement released in Abuja by Catherine Christopher, the Assistant Director of Information and ICT at the Federal High Court.

    The vacation period, established under Order 46, Rule 4 (d) of the Federal High Court (Civil Procedure) Rules 2019, is a customary practice aimed at providing judges with a well-deserved break to rejuvenate before the commencement of the new legal year.

    Regular court sessions are scheduled to resume on Monday, September 16, 2024.

    During the vacation, the judiciary has designated specific judges to handle urgent cases at the three principal divisions of the court located in Abuja, Lagos, and Port Harcourt.

    In Abuja, Justice Emeka Nwite and Justice Peter O. Lifu will attend to such urgent matters. Meanwhile, in Lagos, Justice Akintayo Aluko and Justice Isaac Dipeol will be available, and in Port Harcourt, Justice A. T. Mohammed and Justice P. M. Ayua will oversee urgent litigation matters.

    The Chief Judge emphasized that this arrangement ensures that the judiciary continues to function efficiently, handling cases of extreme urgency even during the vacation period.

    The public and litigants are advised to approach the designated courts nearest to them for any urgent judicial matters during this time.

  • Rivers crisis: Court affirms 27 defected legislators as PDP Members 

    Rivers crisis: Court affirms 27 defected legislators as PDP Members 

    A Rivers State High Court sitting in Port Harcourt has affirmed that 27 members of the Rivers State House of Assembly, who defected to the All Progressives Congress, APC, are still members of the Peoples Democratic Party, PDP. 

    Justice Okogbule Gbasam of the Rivers State High Court in Port Harcourt stated on Monday that the claimants were unable to demonstrate that Martin Amaewhule and the 26 other legislators had switched to the APC.

    Justice Gbasam emphasized that party membership is established through being on the party’s register or possessing a membership card, stating that televised events or verbal declarations were insufficient proof.

    The PDP had requested to be part of the case and was included as the fourth defendant.

    Additionally, Justice Gbasam emphasized that the Rivers State government must adhere to all laws enacted by the Assembly since the members are still part of the PDP, and their inclusion in the party’s membership register is the determining factor.

    He also mentioned that the state government must follow the laws created by the Assembly since the members are still part of the PDP and have not forfeited their positions.

  • Strike Stalls Court Hearing On Kano Emirate Tussle

    Strike Stalls Court Hearing On Kano Emirate Tussle

    The ongoing nationwide strike action by the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) has impacted judicial proceedings, leading to a postponement of the much-anticipated hearing on the Kano emirate tussle at the Federal High Court in Kano.

    The court, which is presided over by Justice A. M. Liman, was scheduled to deliberate on an exparte motion concerning the Kano State Emirate Council’s recent upheaval.

    This legal action was initiated by Alhaji Aminu Babba Dan’Agundi, the Sarkin Dawaki Babba, challenging the Kano State Emirate Council (Repeal) Law.

    This law dissolving the five Kano Emirates reinstated Muhammadu Sanusi II as the Emir of Kano.

    Justice Liman had previously granted an order to maintain the status quo ante, effectively pausing any actions to implement the controversial law until a detailed review could be conducted on the Fundamental Rights application filed by the parties involved.

    However, the strike has put a temporary halt to this judicial review, affecting not just the parties directly involved but also the broader implications for governance and traditional authority structures within Kano State.

    As the court awaits the resolution of the labour strike to resume normal operations, the future of the Kano emirate remains uncertain. The legal and social communities eagerly anticipate the next steps in this high-stakes judicial process.

    The court order reads: “That parties are hereby ordered to maintain status quo ante the passage and assent of the bill pending the hearing of the Fundamental Rights application.

    “That in view of the constitutional and jurisdictional issues apparent on the face of the application, parties shall address the Court on same at the hearing of the Fundamental Rights application, which is fixed for the 3 of June, 2024.

    “That in order to maintain the peace and security of the state, an interim injunction of this Honourable Court is granted restraining the 5th 8th Respondents from enforcing, executing, implementing, and operationalizing the Kano State Emirate Council (Repeal) Law.

    “That parties are hereby ordered to maintain status quo ante the passage and assent of the bill into pending the hearing of the Fundamental Rights application.

    “That leave is granted to the Plaintiff/Applicant to issue and serve their Concurrent Originating Motion as well as all other court processes on the 6th Defendant in FCT Abuja and outside the jurisdiction of this Honourable Court.

    “That an Order of this Honourable Court marking the Plaintiff/Applicant’s Concurrent Originating Motion as well as all other court processes to be served on the 6″ Defendant in FCT Abuja and outside the jurisdiction of this Honourable Court is granted,” the court order, however, reads.

    The court, however, adjourned the case until June 3, 2024, to hear the Fundamental Rights application.

    However, on the adjourned date of June 3rd, 2024, the court could not hold it as expected due to the strike, as a source at the court informed Vanguard that the matter had been postponed until further notice.

  • LG autonomy: S/Court gives Govs 7 days to respond Suit

    LG autonomy: S/Court gives Govs 7 days to respond Suit

    The Supreme Court, Thursday, gave the 36 State Governors seven days to file their defence in reponse to the Federal Government suit seeking autonomy for 774 local governments in the country.

    The Apex court also ordered the AGF to, upon receipt of the governors defence, file his reply within two days.

    The seven-man panel led by
    Justice Garba Lawal issued the order while ruling on an application for an abridgment of time argued by the Attorney General of Federation ( AGF) Lateef Fagebemi SAN.

    The apex court said that the decision of the court was predicated on the national urgency of the suit and the non objection from the attorneys general of the states of the federation.

    It insisted that filing of all processes and exchanging of same must be completed within the time.

    Justice Lawal ordered that the 8 states that were not in attendance at Thursdays proceedings must be served with fresh hearing notice.

    The 8 states are Borno, Kano, Kogi, Niger, Ogun, Osun, Oyo, and Sokoto, whose attorneys general were absent in court despite being served with hearing notice.

    In the meantime, the matter is adjourned to June 13 for hearing of the suit.

    The FG, through the AGF, Prince Lateef Fagbemi SAN, dragged the 36 state governors to the supreme court over alleged misconduct in the local government administration.

    Specifically, the AGF is seeking full autonomy for LG as third tiers of government in the country.

    The Governors were sued through their respective State Attorneys General.

    In the suit marked SC/CV/343/2024, the AGF is praying the Apex Court for an order prohibiting State Governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders for local governments..

    In the originating summons, AGF is also praying the Apex Court for an order permitting the funds standing in the credits of local governments to be directly channelled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.

    The summon, personally signed by AGF, seeks an order of the Apex Court stopping governors from constituting Caretaker Committees to run the affairs of local governments as against the Constitutionally recognized and guaranteed democratically system.

    It also applied for an order of injunction restraining the governors, their agents and privies from receiving, spending or tampering with funds released from the Federation Account for the benefits of local governments when no democratically elected local government system is put in place in the states.

  • Conflicting orders: NBA seeks actions against judges, lawyers involved in Kano Emirate tussle

    Conflicting orders: NBA seeks actions against judges, lawyers involved in Kano Emirate tussle

    The Nigerian Bar Association (NBA) has called for punitive actions against lawyers and Judges involved in the conflicting orders in the Kano Emirate legal tussle.

    The NBA through it’s President, Yakubu Maikyau, SAN, maintained that actions of lawyers and judges have brought utter disgrace and shame to the profession and have exposed the entire legal profession in Nigeria to public ridicule and opprobrium.

    The association, had in a statement, Wednesday in Abuja, vowed to drag any lawyer found culpable in the matter before the Legal Practitioners Disciplinary Committee LPDC for deserved appropriate sanctions.

    It therefore, called on the Chief Judges of the Federal High Court and his counterpart in the High Court of Kano State to identify the judicial officers involved and drag them before the National Judicial Council NJC for disciplinary action.

    The statement read in part “I have keenly followed the developments on the recent events concerning the stool of the Emir of Kano.

    “I must say, without any equivocation, that the conducts of counsel and the Courts in the handling of the proceedings which culminated in the orders issued by the Federal High Court, the Kano State High Court and again the Federal High Court, in circus, have brought utter disgrace and shame to the profession – have exposed the entire legal profession in Nigeria to public ridicule and opprobrium.

    “The damage is one that would take the legal profession a long time to recover from.
    It is unfortunate and was totally uncalled for.

    “For a country whose legal resources and expertise have for several decades been exported and positively impacted not only the African continent but the world at large, it is completely unacceptable that the processes of our courts would be deployed in the manner we have witnessed in the last couple of days, on a subject matter that is as clear as chieftaincy dispute.

    “This is a subject that has been sufficiently dealt with by legislations and case law, leaving no one confused about the jurisprudence on the subject – both procedural and substantive.

    “Without prejudice to the subsisting actions before both the Federal High Court and the Kano State High Court, it is my considered view that there is urgent need to scrutinize the professional conducts of both Counsel and the Judges involved in these matters.

    “This is to enable the relevant bodies or institutions determine their culpability or otherwise, from an ethical and professional standpoint.

    “I therefore call on the respective heads of the Courts of the Judges concerned, to take immediate steps to look into their conducts with the view to finding any possible abuse of their judicial offices and file a report with the National Judicial Council for necessary action.

    “The NBA on the other hand will investigate the conducts of the counsel involved in these cases and shall not hesitate to commence disciplinary action against them before the Legal Practitioners Disciplinary
    Committee, should there be any finding of alleged professional misconduct against them.

    “The Chairman of the NBA Ethics and Disciplinary Committee has accordingly been directed to invite these counsel for preliminary investigations.

    “While the NBA shall continue to stand for and protect the integrity, welfare, and independence of the Bar and the Judiciary, we shall not hesitate to call out any Judge or counsel, who engages in any professional misconduct.

    “We have consistently maintained that the institution of the Judiciary must be guarded jealously by all (both within and outside the legal profession) including the other arms of Government (Executive and Legislature), because the existence, peace, growth, development of any nation is intricately
    connected with the primary responsibility of the judiciary which is the dispensation of Justice.

    “Sheikh Othman DanFodiyo was reported to have said – “a people can exist without religion but they cannot exist without justice”.

    “Let us quit being religious as a people and begin to search for God and Justice for the people, in order to attain the peace we must all desire for the benefit of our nation.

    “The legal profession as a whole (Bench and Bar) must at all times, resist any attempt to
    compromise its independence, as when this is allowed, we will fail in our noble call and
    assignment of providing direction to the people and advancing the cause of our nation within the confines of the rule of law.

    “The respect in which the legal profession in any country is held, is the best indicator of the freedom enjoyed by that country. We must therefore bring erring members of the profession to book to regain the respect we must have to lead Nigeria to its pride of place in the comity of nations”, the statement said.

  • Kano emirate tussle: CJN summons FHC CJ, Kano CJ

    Kano emirate tussle: CJN summons FHC CJ, Kano CJ

    The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, has issued a summon to the Chief Judge of the Federal High Court, and the Chief Judge of Kano State High Court to appear before him over conflicting interim injunctions regarding the Kano Emirate tussle.

    The Federal High Court in Kano, presided over by Justice S. A. Amobeda, issued an order for the eviction of Emir Muhammadu Sanusi II from the Kofar Kudu Palace, reinforcing the authority of the 15th Emir of Kano, Aminu Ado Bayero.

    Also, the Kano State High Court, presided over by Justice Amina Adamu Aliyu, issued an injunction to protect Muhammadu Sunusi and other key figures from potential harassment by state authorities.

    This order prevents any interference with the Emir’s autonomy and the seizure of key symbols of his authority, such as the twin spear, the Royal Hat of Dabo, and the Ostrich-feathered shoes.

    These conflicting orders have led to significant confusion regarding the rightful authority and protection of the emirs in Kano. The State High Court’s case is set for further hearing on June 13, while the Federal High Court has adjourned its case to June 4.

  • Kogi guber: Ododo wins at Tribunal

    The Kogi State Governorship Election Petition Tribunal sitting in Abuja, Monday, authenticated the election that declared Usman Ododo as the governor of Kogi State.

    In a unanimous judgment by a three-member panel of Justices of the Tribunal, it held that the petitioners failed to prove the allegations contained in their petition in accordance with the law.

    The Social Democratic Party(SPD) annd it’s candidate, Alhaji Muritala Ajaka was challenging Ododo’s election on the ground that it was conducted in gross violation of the electoral law of rigging and vote-buying.

    Chief Kanu Agabi (SAN); Alex Iziyon (SAN) and Emmanuel Ukala (SAN), who appeared for INEC, Ododo and APC respectively argued that the petitioners did not list the name of the witness in their proof of evidence and that the witness statement on oath was not front-loaded alongside the petition.

    They also contended that the petitioners served the reports of the witness’ analysis on them 20 minutes before the commencement of the proceedings.

    But Okutepa insisted that the forensic expert was listed on Page 56 of the petition as item 10, adding that his statement was also front-loaded.

  • AGF Explains Why Nnamdi Kanu’s Case Still In Court – AGF …says FG convicted 250 terrorism, criminal cases

    AGF Explains Why Nnamdi Kanu’s Case Still In Court – AGF …says FG convicted 250 terrorism, criminal cases

    Attorney General of the Federation(AGF) and Minister of Justice, Prince Lateef Fagbemi SAN, Friday, maintained the leader of the Indigenous People of Biafra (IPOB) Mazi Nnamdi Kanu’s case is very difficult, requested it is left to court.

    Also, the Federal Government, revealed that it prosecuted and convicted 250 terrorism and criminal offenses in various courts across the country.

    The AGF made this revelation, Friday, at the Sectoral Ministerial briefing to mark President Bola Tinubu’s one year in office.

    Fielding questions from the press, the minister explained that there is a remarkable difference between Kanu’s case and that of the convener of #RevolutionNow protest, Omoyele Sowore.

    He said, “Sowore and Kanu are not the same. When it comes to the first one, I didn’t have difficulty to say go, but I have difficulty with the second one.

    “The matter is still in court, let’s wait for the court”.

    Sowore was arrested in 2019 and prosecuted for allegedly calling for the forceful take over of the administration of former President Muhammadu Buhari.

    However, the federal government through the office of the AGF in February this year filed a notice of discontinuation of the case.

    Breaking down the achievements of justice ministry in the year under review, Fagbemi said the FG has secured 160 convictions for criminal offences, 87 convictions for terrorism cases, 3 novel convictions in the last one year for extremist terrorism actors involved in the radicalization of children and violence against women.

    He hinted on enhanced interagency synergy for prosecution of Maritime Cases, Electricity offences, collaboration with public and private sector stakeholders on cybersecurity protection and cybercrime prosecution.

    Following the Ministry’s intervention for the upgrade of facilities designated for trial of terrorism cases, Fagbemi said the Ministry has resumed trials of terrorism cases in conjunction with the Legal Aid Council, National Human Rights Commission and other stakeholders.

    “The percentages of terrorism cases initiated and corruption cases concluded within the reporting period has been significant,” the Justice Minister said.

    Speaking on the development of the proceeds of Crime Recovery and Management Regulation, 2024, by the Ministry, the AGF said the objective of the regulation which is being developed with relevant agencies is to ensure transparency, accountability and standardization in the management of recovered assets, in line with global best practices.

    “This document is being finalized for validation, the AGF said.

    On terrorism financing and other transnational crimes, the AGF stated that the Tinubu administration has facilitated international cooperation and secured conviction of 13 terrorism financing cases, and have also concluded 150 mutual legal assistance requests and 12 extradition requests from law enforcement agencies and foreign countries.

    “The Ministry places priority on enhancing the prosecutorial and litigation capacity of its staff, to this end it organized capacity building programmes to improve knowledge on various aspects of the law including Darknet and Cryptocurrencies applied to terrorism financing, investigation and prosecution of financial and wildlife crimes in Nigeria.

    “The coordination of the effective implementation of the National Anti-Money Laundering/Combating Proliferation Financing (AML/CPF) Strategy 2023 – 2027 is also a top priority for the Ministry, the AGF said.

    On the fight against corruption, the Minister submitted that the present administration has achieved successes under its international asset recovery and management efforts.

    The asset sharing agreement between the Federal Republic of Nigeria and the Bailiwick of Jersey was signed in February 2024, for the return of £2,125,944 (Two Million, One Hundred and Twenty-Five Thousand, Nine Hundred and Forty-Four GBP) proceeds of corruption, the AGF revealed.

    “This has been approved by the President to be utilized, for continuation of works on the Abuja-Kano Road project” Fagbemi said.

    On the Glencore settlement, the Justice Minister said the Ministry on behalf of Nigeria on April 25, 2024, concluded negotiation of a settlement agreement with Glencore International A.G. wherein the firm is expected to pay the sum of $50 million USD as penalty and compensation for certain activities in Nigeria.