Court Orders Winding Up of Dantata & Sawoe Over $1.4m Debt to Zutari Consulting

The Federal High Court in Abuja has appointed a liquidator to oversee the winding up of Dantata & Sawoe Construction Company Limited following its failure to pay a $1.4 million debt owed to Zutari Consulting Nigeria Ltd. Justice Mohammed Umar, in a ruling on Wednesday, granted Zutari Consulting’s application for the appointment of a liquidator after finding that Dantata & Sawoe had been given sufficient time to settle the debt but continued to present excuses. The debt arose from a settlement agreement over a $1,257,592.83 claim related to subcontract design work executed by Zutari Consulting on the Dangote Fertilizer Plant project in Lekki, Lagos. Zutari’s counsel, Mr. Chris Ekemezie, told the court that an arbitration conducted in London under the International Chamber of Commerce (ICC) ruled in his client’s favour on April 7, 2021. The arbitral tribunal found Dantata & Sawoe liable for the unpaid sums, which also included ZAR 2,136,623.39 and £4,364.38. Despite multiple adjournments and a 30-day grace period granted in September 2024 for settlement, Dantata & Sawoe allegedly failed to pay, offering instead to remit only 75 per cent of the total amount, a proposal Zutari rejected. Justice Umar, noting the company’s “unwillingness to honour its financial obligations,” appointed Joseph Abiolu, FCA, as liquidator in line with Sections 571(d), 572, and 573(1)(b) of the Companies and Allied Matters Act (CAMA) 2020. The case has been adjourned until February 18, 2026, for the liquidator’s report.

Court declines to bar Fubara from spending Rivers funds

Rivers Guber: Court Upholds Gov Fubara's Victory

By Vivian Michael A Federal High Court (FHC), Abuja has refused to shut down all expenditures of Gov. Siminalay Fubara of Rivers pending the hearing and determination of the substantive suit field by the Martin Amaewhule-led Rivers Assembly. Justice Emeka Nwite, in a ruling on the motion ex-parte marked: FHC/ABJ/CS/984/24 and moved by Sebastien Hon, SAN, rather ordered the plaintiffs to put all the defendants in the suit on notice. Justice Nwite, however, granted another motion ex-parte by the plaintiffs to serve the 5th to 10th defendants with the originating process and other applications in the matter by substituted means. The judge said: “the leave is hereby granted to the plaintiffs/applicants to serve the 5th to 10th defendants/respondents with tne plaintiffs/applicants’ originating and any other process(es) filed or issued in this suit by substituted means to wit:“By publishing same in the Nation Newspapers.” Justice Nwite adjourned the matter until Aug. 7 for hearing of the motion on notice. The News Agency of Nigeria (NAN) reports that the 5th to 10th defendants are Fubara; Accountant-General (A-G) of Rivers; Rivers Independent Electoral Commission (RSIEC); Chief Judge (CJ) of Rivers, Hon. Justice S.C. Amadi; Chairman of RSIEC, Hon. Justice Adolphus Enebeli (rtd.) and Government of Rivers State respectively. The Rivers State House of Assembly and Right Honourable Martin Amaewhule (1st and 2nd plaintiffs) had, through their lead counsel, Joseph Daudu, SAN, filed the suit dated July 14 but filed July 15. They had sued the Central Bank of Nigeria (CBN), Zenith Bank Plc, Access Bank Plc and the Accountant-General of the Federation (AGF) as 1st to 4th defendants respectively. Also joined in the suit are Fubara, Rivers A-G, RSIEC, Rivers CJ, Chairman of RSIEC and Rivers government as 5th to 10 defendants. In the motion on notice brought pursuant to Order 28 Rules 1 and 2; Order 27 Rules 5; Order 28 Rule 1(2) of FHC Civil Procedure Rules 2009 and under the inherent jurisdiction of the court, the plaintiffs sought two orders. They sought an order of Interlocutory Injunction restraining the 1st, 2nd, 3rd and 4th defendants from honouring any request, command, order or mandate or any banking or other instrument, financial instruction or other instructions issued by the 5th defendant on his instruction or at his instance or deriving from the 5th defendant’s authority or in any manner, fund or revenue of Rivers State or Rivers State Government in the custody of the said the defendants, or held by the said defendants for the benefit of Rivers State or Rivers State Government or in any NAN reports that the two rulings, which were delivered on July 17 in the judge’s chamber, were obtained on Sunday in Abuja by NAN. The Martin Amaewhule-led Rivers Assembly had, on July 15, suspended all expenditures of Rivers Governor Siminalayi Fubara until he re-presents his budget before the house. The lawmakers gave the governor a seven-day ultimatum to re-present his budget, which they said had expired. Rivers House Leader, Major Jack, moved the motion to bring up a resolution alerting the house of the governor’s seven-day deadline for presenting the 2024 budget to the house. Following consideration, the assembly decided to shut down the Rivers State Consolidated Revenue Account, prohibiting any expenditure by Gov. Fubara’s administration.

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.

Federal High Court Begins Vacation July 23

FEDERAL HIGH COURT

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.

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 refuses to stop terrorism charges against Fubara’s 5 loyalists

The Federal High Court Abuja Friday, refused to grant the request of the five loyalists of Governor Siminalayi Fubara of Rivers State to stop the Inspector General of Police IGP from proceeding with their prosecution on terrorism offences. They are before the court seeking to stop the IGP on the ground that they can only be put on trial on terrorism charges by the Attorney General of the Federation (AGF) and Minister of Justice. Justice Mobolaji Olajuwon in a ruling on their preliminary objections raised against the IGP held that the defendants were wrong in their claims that only the AGF can put them on trial. Justice Olajuwon said that the law especially sections 3, 63 and 74 of Terrorism Prevention Act were clear to the effect that while the AGF has Constitutional.power to strengthen the terrorism prevention law, the same sections did not confer the exclusive rights to prosecute on the AGF. The Judge said that while section 5 of the Terrorism Prevention Act confers responsibility of gathering intelligence and investigation on police, the same section donated rights to Police to initiate criminal charges in a competent court of jurisdiction. Specifically, Justice Olajuwon held that while the AGF under section 174 of the 1999 Constitution can lawfully take over, continue or terminate any initiated criminal charges, such right did not make trial an exclusive rights of the AGF. “From the cursory look at all the authorities cited by lawyers for and against the IGP rights to initiate the instant criminal proceedings, one thing is clear and clearly too, that police can rightly initiate criminal charges including terrorism charges”. The Judge said that the preliminary objections to the trial by the defendants was incompetent, lacking in merit and subsequently dismissed them. The five defendants charged with terrorism offences are Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald and Ochueja Thankgod. Meanwhile, Justice Olajuwon has fixed Monday, February 5 for ruling in their respective bail applications. The Judge fixed the date after taking arguments from lawyers from police led by Simon Lough, a Senior Advocate of Nigeria and Lukman Fagbemi SAN who stood for the 1st and 2nd defendants in the matter among others. Justice Olajuwon ordered that the five defendants be returned to Kuje Prison in Abuja pending the decision of the Court to allow them on bail or not. The five defendants are 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, the Inspector General of Police (IGP), Kayode Egbetokun is named as the complainant. Apart from allegedly 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 are Charles Osu, Ogbonna Eja, Idaowuka Felix, Paul Victor Chibuogu and Saturday Edi. They were 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. Part of the charges read, “That you, Chime Eguma Ezebalike, 37 years, business man of Street 5, Radio Estate Ozuoba, Port Harcourt, Prince Lukman Oladele, 47 years of Okocha Street, Port Harcourt, Kenneth Goodluck Kpasa, Hon Edison Ehie and others now at large on 29th of October 2023 at Moscow Road in Port Harcourt, while acting in concert conspired together to commit felony to wit: acts of terrorism by wilful destruction of public properties by invading, attacking, destroying and burning of the Rivers State House of Assembly and you thereby committed an offence punishable under section 26 (1) of the Terrorism Prevention and Prohibition Act 2022. “That you Chime Eguma Ezebalike, 37 years, business man of Street 5, Radio Estate Ozuoba, Port Harcourt, Prince Lukman Oladele, 47 years of Okocha Street, Port Harcourt, Kenneth Goodluck Kpasa, Hon Edison Ehie and others now at large on 29th of October 2023 at Moscow Road in Port Harcourt, while acting in concert and armed with dynamite, iron rods, lighters and other offensive weapons willfully and maliciously invaded, attacked and set fire on the Rivers State House of Assembly Complex and you thereby committed an offence punishable under section 1 of the Miscellaneous Offences Act, Cap M17 Laws of the Federation of Nigeria 2004.

Premature Retirement: Court orders PSC to pay AIG Mbu N40m damages

Premature Retirement: Court orders PSC to pay AIG Mbu N40m damages

The National Industrial Court on Monday ordered the Police Service Commission (PSC), to pay retired AIG Mbu Joseph Mbu, the sum of N40 million as general damages. The payment as ordered by Justice Osatohanmwen Obaseki-Osaghae, was for the unlawful retirement of Mbu before he attained the mandatory age of 60 years. ”I hold that the claimant’s premature retirement through a press release on July 2, 2016, is unlawful, unconstitutional, null and void, and of no effect”. The court in addition set aside the purported retirement and declared that the claimant remained an officer of the Nigeria Police Force (NPF), until he attained the mandatory retirement age of 60 on May 10, 2018. Furthermore, the court ordered the defendant to pay Mbu his salaries, allowances and entitlement from July 2, 2016 when he was retired until May 10, 2018 when he ought to have retired having attained 60 years. The judge while delivering the judgment ordered that the sum of N750,000 be paid to the claimant as cost of the suit, stating that failure of the defendant to comply with the orders of the court within 30 days will attract a 10 per cent interest per annum. The court, however, declined the relief of promotion to the position of a DIG and reinstatement sought by the claimant. This, the court explained cannot be sustained as the claimant had reached the mandatory retirement age on May 10, 2018 when the suit was pending. From facts, the claimant, Mbu instituted the suit against the commission over his alleged compulsory retirement on July 2, 2016, when he was the commandant of the Police Staff College. In his statement of facts, he stated that he was born May 10, 1958, and joined the police on Dec. 11, 1985, and had not reached the mandatory retirement age of 60, nor had he spent 35 years in service before he retired in 2016. The claimant had therefore sought, amongst other reliefs, an order of the court to invalidate his retirement, which he claimed was done via a press release as he was never served statutory notice of retirement. He also sought for an order of the court directing the defendant to pay his salaries, allowances and other entitlements from July 2016 to 2018, when he would have been due for retirement. He also sought for payment of his terminal benefits, N500 million as general damages and N20 million as cost of the suit. The defendant on its part through processes stated that the claimant was not retired through press release, but that he was pulled out from the force in a ceremonial event. The defendant equally averred that promotion in the force is not automatic and that the claimant did not meet some of the requirements for promotion. According to the defendant the reorganisation in NPF at the time of the claimant’s retirement followed due process and the claimant was not the only person affected. The court in its judgment stated that although the defendant abandoned it case by failing to show up in court to conduct its defence, the action did not exonerate the claimant from the burden to prove his case. The judge submitted that pleadings are not synonymous with evidence as the defendant was never in court regardless of several hearing notices served. Obaseki-Osaghae in addition stated that the defendant was deemed to have abandoned its case as the claimant’s submissions were not contested. She said that the claimant having proven his case on its strength through credible evidence without relying on the weakness of the defendant, was entitled to some of the reliefs he sought. 

Federal High Court goes on annual vacation July 24

FEDERAL HIGH COURT

The Chief Judge of the Federal High Court (FHC), Justice John Tsoho, has disclosed that the court will commence its 2023 annual vacation on July 24. Justice Tsoho stated this on Friday in a statement made available by Dr Catherine Oby-Christopher, the FHC’s Assistant Director of Information, in Abuja. The CJ said that the vacation, which would begin on Monday, July 24, would end on Friday, Sept. 25. “By virtue of the provisions of Order 46, Rule 4 (d) of the Federal High Court (Civil Procedure) Rules 2019, the Chief Judge of the Federal High Court of Nigeria, Honourable Justice John Terhemba Tsoho, announces its 2023 Annual Vacation and Roster for Vacation Judges. “The vacation will commence from July 24 to Sept. 15. “The court shall resume sitting on Sept. 18. This is in order for Hon. Judges to enjoy their well- deserved rest and to prepare for the challenges of the new legal year,” it read. According to the statement, consequently, the litigating public will be at liberty to approach only the under-listed functional courts located nearest to them; Abuja, Lagos, and Port-Harcourt. “The vacation Judges are: Hon. Justice A. R. Mohammed and Hon. Justice O.A. Egwuatu for Abuja division; Hon Justice I. N. Oweibo and Hon. Justice A. Aluko for Lagos Division and Hon. Justice A. T. Mohammed and Hon. Justice S.I. Mark for Port-Harcourt “The Chief Judge of the Federal High Court of Nigeria, Honorable Justice John Terhemba Tsoho, wishes his fellow lordships a wonderful Vacation in advance,” it concluded.