Police Undermining Court Order- ASCSN President
By Vivian Michael, Abuja The President of the Association of Senior Civil Servants of Nigeria, (ASCSN) Comrade Bola-Audu Innocent, Wednesday, accused the Nigerian Police of subtly undermining the recent judgment of the National Industrial Court sitting in Abuja, which reinstated him as the authentic President of the Association. The Court presided by Justice Oyewumi Oyebiola, had on July 9, 2024, voided the purported suspension of Bola-Audu, and subsequently ordered his return as President of ASCSN till when his tenure will be completed. In the judgment delivered virtually, Justice Oyebiola, held that the suspension of Bola-Audu by the Central Working Committee of the ASCSN and his subsequent expulsion by the National Working Committee was “unlawful, illegal, null and void and of no effect whatsoever”. However, since Comrade Bola-Audu Innocent got the certified true copy of the court order, all concerted effort to assume duty as President, had been resisted by few members of the Association, believed to be loyal to one Etim Okon, who acted as President while the matter was in court. Bola-Audu’s allegation followed a directive from the Police for him to vacate the office on Wednesday. Addressing the press at the premises of ASCSN, Bola-Audu expressed dismay at the way the police is handling the issue. Explaining that the judgement of the industrial court was declaratory in nature, the ASCSN President said, rather than uphold the order of court, the police are being complicit in the matter. “Regrettably, those responsible for my ordeal have refused to respect the court’s judgment, seeking to frustrate its implemenration. I have drawn the attention of relevant law enforcement agencies to this matter to no avail. “Ironically, the Police, who should be providing protection, are now hindering my resumption of office. I am aware of plots to frustrate the court’s judgment and I therefore call on the Inspector General of Police to withdraw his men from our office as requested by our members. Nevertheless, “We were invited by the FCT Commissioner of Police last Sunday for a meeting. Luckily, a Senior Advocate of Nigeria, (Simon Lough), who is a police officer was present as an arbiter. “He read the judgment for all of us, we were about 40 or more in the office of the Commissioner of Police. “After reading, the judgment, he told the cabal who has been resisting me from assuming my office that what they were doing is wrong. “He told them that the judgement of the National Industrial Court, cannot be compared with the judgment of an ordinary court; and that it is a special court set aside by government to treat issues of labour, Lough explained. The SAN, in the presence of the Commissioner of Police told them that even if they claimed that they have appealed, they needed the leave of the court to be able to do so. According to Bola-Audu, after the meeting, the Commissioner of Police said he was going to get across to them in two days. “Uptill today, we have not heard from him. The tenure of this administration is going to end on Monday, the 29th. So, it is a deliberate effort. “We have been at the Force headquarters and complained, we have gone everywhere we feel we could get justice in peace, and it’s not coming. “What right has the police to come and seal my office and would not allow me to assume the office as President of the Association, when a court of competent jurisdiction has said so. “Are they interpreting the judgment of the court differently, the ASCSN President queried. “They are to maintain law and order. Rather than do that, you came and locked up my office. Did you see anybody fighting, you locked up my office and then you are telling us cock and bull story” Bola-Audu fumed. Meanwhile, a senior police officer (name withheld) told members of the Association who were in the office premises to vacate, claiming they were there to maintain law and order. The officer said both parties should maintain status quo and stop parading themselves as President because their matter “is on the table”. Reacting to that position, members of the Association, chanting solidarity songs said they rather die there than vacate the office. END.
Court Gives Two Kano Judges 48 Hours To Resign
Justice Simon Amobeda of the Federal High Court has instructed Justices Faruk Adamu and Zuwaira Yusuf, judges of Kano State High Court, to step down from their positions as chairmen of the Judicial Commission of Inquiry on Misappropriated Public Properties and Assets as well as Political Violence and Missing Persons within 48 hours. The National Judicial Council (NJC), Revenue Mobilisation Allocation and Fiscal Commission, Attorney General of Kano State, Justices Faruk Adamu and Justice Zuwaira Yusuf are defendants in the case. In a ruling on Thursday in a case brought by former Governor of Kano State, Abdullahi Umar Ganduje, Justice Amobeda stated that the NJC should halt payment of any remuneration, allowances and benefits to the two judges from the consolidated revenue fund if they do not comply with the order. Kano State Governor, Abba Kabir Yusuf, had on April 4 inaugurated the two judicial commissions of inquiry under the chairmanship of Justices Adamu and Yusuf to investigate cases of misappropriation of public properties, political violence and cases of missing persons from 2015 to 2023. Justice Amobeda directed that the judges should refrain from carrying out the executive functions assigned to them by the governor in courtrooms designated for adjudicating disputes between individuals and authorities in the state. The judge held that “The combined effects of sections 6, 84, 153(1), 271(2), 272 together with paragraph 21(c) of part 1 of the third schedule to the 1999 Constitution (as amended), the 4th and 5th defendants (Justices Faruk Adamu and Zuwaira Yusuf) are not legally permitted, “while purporting to hold the office of a judge of high court of Kano State, to accept appointments as chairmen of commission of inquiry with quasi-judicial powers equivalent to that of a Magistrate and subject to review by a judge of the High court of Kano State.” The court ruled that the governor lacked the authority to appoint and administer the oath of office for individuals to serve as chairmen of a commission of inquiry, a position designated for commissioners exercising executive powers. The court emphasized that Justice Abdullahi Muhammad Liman’s ruling, which stated that only the EFCC and the ICPC have the jurisdiction to investigate the former governor, deems it an abuse of power and a violation of judicial integrity for the governor to establish a commission of inquiry to probe the plaintiff’s administration. Nevertheless, the court dismissed the plaintiff’s counsel’s argument that the judges compromised their judicial roles by participating in the judicial commission of inquiry.
Court Orders Final Forfeiture Of N12.18b Property Linked To Godwin Emefiele
The court has decreed the permanent forfeiture of a property valued at N12.18 billion associated with former CBN Governor, Mr. Godwin Emefiele. Justice Chukwujekwu Aneke granted the ultimate forfeiture order following a court session where the Economic and Financial Crimes Commission (EFCC), represented by lawyer Chineye Okezie, presented and discussed a motion. The properties, situated in highly sought-after locations within the Federal Capital Territory (FCT) of Abuja, were included in two separate listings. Justice Aneke directed the EFCC to publish the interim forfeiture order in a national newspaper to give all concerned parties the opportunity to challenge the final order. On June 21, when the court resumed proceedings, there were no parties present to contest the temporary order. After carefully examining a detailed 41-paragraph affidavit presented by EFCC Investigating Officer Michael John Idoko, along with the 19 accompanying exhibits and a written address signed by Okezie, Justice Aneke approved the application. The judge said, “Having carefully considered the application and submission of counsel, it is hereby ordered as follows: a final forfeiture order is made forfeiting to the Federal Government of Nigeria, properties contained in Schedule A, which were traced and reasonably suspected to have been acquired with proceeds of unlawful activities.”
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.”
Court Order: EFCC Cringes, Produces Godwin Emefiele
The Economic and Financial Crimes Commission (EFCC) in Abuja complied with the High Court of the Federal Capital Territory’s order regarding the case of former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele. After being held in custody by Federal Government security agencies for over 150 days, Emefiele was brought to court in accordance with the order issued by Justice Olukayode Adeniyi. Former CBN Governor Emefiele, dressed in a yellow Babariga and a Hausa cap, entered the courtroom at around 12:30, accompanied by a group of EFCC operatives providing security. Outside the court premises, Emefiele’s friends and relatives eagerly awaited the Judge’s arrival for a hearing in his fundamental human rights case. Justice Adeniyi reaffirmed his order on Monday, which mandated that the detained former CBN governor be brought to court on November 8. This hearing’s purpose is to consider granting him bail. The court also emphasized the option for the anti-graft agency to grant bail to Emefiele in accordance with the law on fundamental human rights.
Court Orders EFCC, CBN To Release Ex-NNPC Boss, Andrew Yakubu’s $9.8m Cash
Justice Inyang Ekwo of the Federal High Court sitting in Abuja, on Monday ordered the Economic and Financial Crimes Commission (EFCC) and the Central Bank of Nigeria (CBN) to immediately release the $9.8 million belonging to the former Group Managing Director (GMD) of the Nigerian National Petroleum Company (NNPC), Andrew Yakubu. The anti-graft agency had refused to release the cash they took from Yakubu’s house, despite an earlier judgment ordering the release of the money. The court said the money must be deposited with the Chief Registrar of the court, in the interest of justice. Yakubu had approached the court seeking an order compelling the Economic and Financial Crimes Commission (EFCC) and two other defendants to release his money. Yakubu in April 2023 sued the EFCC, Central Bank of Nigeria and Guaranty Trust Bank for failing to release the money after a court acquitted him of money laundering charges filed against him by the anti-graft agency. Recall that EFCC had urged Justice A.R Mohammed to convict Yakubu after it discovered $9, 772, 800 (9.7 million dollars) and £74, 000 from an apartment linked to him in 2017. In his defense, Ahmed Raji SAN, asked the court to dismiss the EFCC’s case for lacking in merit. Justice A.R Mohammed, on March 31, 2022, had quashed the money laundering charges instituted against Yakubu. Yakubu also testified before the judge that the monies found in his house were gifts from friends and associates. The judge had agreed with the defendant’s submissions; acquitted him and ordered the release of his money. But Yakubu’s lawyer approached another court presided by Justice Inyang Ekwo over the non-release of the money as directed by the other court. By way of originating summons, he had urged the court to order the release of his money or in the alternative, direct that the money be deposited with the FHC registrar pending the determination of the suit. But the EFCC, through its lawyer, Faruk Abdullah, raised an objection to the application, saying appeals have been entered against the subsisting trial court judgment. The EFCC also contended that the court lacked jurisdiction to hear the matter. Passing his judgement on Monday, Justice Inyang Ekwo dismissed the preliminary objection of the EFCC, saying the arguments of the respondents contradicted themselves and called to question the whereabouts of the money. Ekwo held it would be in the interest of justice if the sum is kept in a neutral custody pending the conclusion of proceedings, in line with rules of court. Ekwo held that based on the contradictory arguments of the respondents about on whose custody the money was domiciled, the justice of the case demands that they must produce the money. “The plaintiff has made a compelling case and it succeeds and I so hold. “An order is hereby made directing the first and second defendant to immediately transfer $9.8 million into the account under the control of the Chief Registrar of this court,” the Judge held.
Subsidy Removal: FG initiates contempt suit against NLC, TUC amid protests
The Federal Government has taken legal action against the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) for allegedly defying a court order that prohibits the unions from engaging in industrial action. This “notice of consequences of disobedience to order of court,” also known as “Form 48,” was filed in the National Industrial Court in Abuja on Wednesday. The notice warns the NLC and TUC that failure to comply with the court’s directions, as delivered by Honourable Justice Y. Anuwe on June 5, 2023, will result in contempt of court charges and possible imprisonment. In response to the perceived “anti-people” policies of the President Bola Tinubu administration, the Organised Labour initiated protests in the Federal Capital Territory (FCT), Abuja, as well as in various states, including Lagos, Benue, Abia, Plateau, Kaduna, Kano, Rivers, Zamfara, Katsina, Cross River, Ebonyi, Enugu, Kwara, Ogun, Imo, Ondo, and Edo. Key figures from the NLC and TUC, accompanied by numerous members, led the protest in the Federal Capital Territory, commencing from the Unity Fountain. Additionally, affiliated unions, such as the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG), the National Union of Electricity Employees of Nigeria (NUEE), the National Union of Road Transport Workers (NURTW), and the Academic Staff Union of Universities (ASUU), participated in the nationwide demonstration.
We’ll appeal N72.2bn judgement against us, Ecobank insists
In a swift reaction to the judgment by a Federal High Court in Lagos which ordered it to pay Honeywell Group N72.2 billion over an illegal ex-parte order obtained by the bank, Ecobank Nigeria Limited has insisted that it would appeal the judgment against it. The bank in a statement, noted that the judgment cannot stand the test of time, saying it would vigorously challenge the same and remain confident that it can reverse it at the higher courts. The ruling, delivered on Tuesday by Justice Mohammed Liman, brought an end to a longstanding legal battle between the flour milling company and the bank. Justice Liman, who presided over the case, granted the requests of Honeywell Flour against Ecobank in the legal battle that started after the lender refused the manufacturer access to its accounts in 2015. Honeywell Flour’s accounts were frozen in November 2015 when Ecobank secured an ex parte order, which was granted on the condition that the financial institution will compensate the former for harm or loss caused by the action. Ecobank had shut Honeywell Flour out of their accounts in an attempt to wind up the latter over an alleged outstanding debt owed by the manufacturer. According to the bank, the instant suit was an action filed in 2018 for the enforcement of the Bank’s Undertaking as to Damages which was filed in pursuance of its Winding Up Petition and the Ex-Parte Orders which were granted in favour of the Bank. “We challenged the action through a Notice of Preliminary Objection dated 16th October 2018 whereby we challenged the jurisdiction of the Federal High Court, as (among other reasons), the action did not fall within the provisions of Section 251 (d) of the Constitution, being that the subject matter of the suit was for the Claim of Damages arising out of an Ex-Parte Order, as opposed to a Banker-Customer relationship. The trial was concluded in this matter on 9th March 2021 and the parties adopted their final written addresses alongside our Notice of Preliminary objection on 16th March 2022, the Court then adjourned the matter to 27th May 2022 for judgment. “In the wake of the Supreme Court’s decision in the Bank’s favour, in Suit No. SC/CV/210/2021 which was delivered on 27th January 2023, the bank further filed a Motion on notice dated 9th March 2023 to dismiss the Suit because the same has become academic as a result of the judgment entered in favour of Ecobank wherein the Supreme Court held that Honeywell remained indebted to the Bank. The bank reiterated that it is a member of the Ecobank Group, the Pan-African Bank which is proudly and fully committed to transparency in all the countries where it operates and abides by laws and regulations. Ecobank had alleged that Honeywell Group, former owner of Honeywell Flour, owes the company N13.5 billion, as outstanding debt.
Kogi Guber: Court orders security agencies to protect SDP’s Ajaka
Justice Inyang Ekwo of a Federal High Court in Abuja on Thursday ordered security agencies in the country to provide maximum security to the candidate of the Social Democratic Party (SDP), in the November governorship election in Kogi State, Murtala Ajaka. The order is following an ex-parte application made before the court by the governorship flagbearer, dated July 11, seeking a restraining order against the security agencies from arresting, inviting, detaining, or threatening the applicant’s life and property pending the hearing and determination of the substantive suit. By the order, the security agencies which include the Chief of Defence Staff, Army, Navy, DSS and Police are to guarantee the safety of the SDP candidate, pending the hearing of a suit filed before the court. Defendants in the suit marked FHC/ABJ/CS/952/2023, are the Governor of Kogi State, Yahaya Bello, the Inspector General (IG) of Police, the Commissioner of Police (Kogi State), DSS, the Director General of DSS, Director DSS (Kogi State), Commandant General of the Nigerian Security and Civil Defence Corps (NSCDC), Chief of Defence Staff, Chief of Army Staff and Chief of Naval Staff as 1st to 11th respondents, respectively. The court held that Ajaka’s request through his counsel, Mr. Sunday Aruwa, SAN, was meritorious and accordingly granted it as prayed. “An Order is hereby made restraining the respondents, their agents, servants and anybody acting through or under them from arresting, inviting, detaining or threatening the applicant’s life and property pending the hearing and determination of the substantive suit. “An Order is hereby made compelling the 2nd – 11th respondents to immediately provide maximum security to the applicant in Abuja FCT, Kogi State, and elsewhere in Nigeria pending the hearing and determination of the substantive suit”, the judge ruled. Before adjourning to July 21 for a hearing, the court ordered the applicant to serve the respondents with all the processes in this suit together with the Order of the Court. Before the court’s order on Thursday, Ajaka had earlier petitioned Governor Yahaya Bello to the IGP, Mr Olukayode Egbetokun over an alleged threat to his life, as well as that of members of his family.
Court Order: We’ve charged Emefiele- DSS
The Department of State Services (DSS), Thursday night said it has charged the detained former Governor of the Central Bank of Nigeria (CBN) Mr. Godwin Emefiele to court. According to the agency, the move is in compliance with the order made by Justice Hamza Musa of the Federal Capital Territory High Court that sat in Maitama earlier on Thursday. The statement signed by the Public Relations Officer, Department of State Services, Peter Afunanya reads in part: “The public may recall that the Service had, in 2022, applied for a Court Order to detain him in respect of a criminal investigation. Though he obtained a restraining order from an FCT High Court, the Service, however, arrested him in June 2023, on the strength of suspected fresh criminal infractions/information, one of which forms the basis for his current prosecution. “The Service assures the public of professionalism, justice and fairness in handling this matter and indeed the discharge of its duties within the confines of the law. Recall that Justice Hamza Muazu earlier in the day, gave one week ultimatum to the Prosecution agency to either charge the detained Emefiele to Court or set him free. Emefiele sued the Attorney General of the Federation (AGF), the Director General DSS, and the DSS, seeking enforcement of his fundamental human rights to freedom of movement and dignity in human life. He prayed the court to award N5m exemplary damages against the Respondents for his alleged unlawful detention. A copy of the suit has, however, not been made available as at the time of filing this report.