Emefiele Must Be Released Or Produced By November 8, Court Orders EFCC
Justice Olukayode Adeniyi of an FCT High Court has again ordered the Economic and Financial Crime Commission (EFCC) to either produce or release the embattled former Governor of the Central Bank of Nigeria (CBN), Mr Godwin Emefiele, on November 8. Justice Adeniyi gave the first order on Friday after hearing an ex parte motion, on fundamental right marked M/122/2023 in a Motion on Notice with the number, FCT/HC/CV/040/2023, filed by Emefiele. Unfortunately, the EFCC could not obey the order at the resumed sitting on Monday as the EFCC counsel, Farouk Abdullahai, told the court that the order was not understood. He added that the applicant could not attach some documents to his affidavit. Emefiele ‘s counsel, Matthew Burkaa, SAN, had earlier told the court that his client had been in detention of the Federal Government for 149 days. He however, promised that he would attach the omitted documents which among others were the charge. Responding, Abdullahi, counsel for EFCC, said the applicant had only been in EFCC custody for seven days. After listening to their submissions, Justice Adeniyi gave a reiterated order for the release of the applicant or produce him for bail on Wednesday. He further directed the applicant ‘s counsel to attach the documents omitted in support of their affidavit and serve parties. He then adjourned the matter until Wednesday. Emeifele was first detained from June, when he was removed as CBN Governor, by the Department of State Service (DSS) and later transferred to EFCC last week, seeking his release. Emefiele, through his legal team, joined the Federal Government, Attorney-General of the Federation (AGF), EFCC chairman and the anti-corruption commission as respondents. Meanwhile, Emefiele was scheduled to be arraigned by the Federal Government before Justice Hamza Muazu of the FCT High Court, Maitama, on August 17 alongside two others, Sa’adatu Ramallan Yaro and a company, April1616 Investment Limited. They were to be arraigned on a 20-count charge bordering on procurement fraud to the tine of N6.9billion, conferment of advantage and conspiracy. The arraignment could, however, not hold due to the absence of Yaro, who was said to be sick and the matter was adjourned August 23. Due to the plea bargain Emefiele was said to be discussing with the Federal Government, the matter is yet to be heard till date.
APM Withdraws Appeal Challenging Tinubu’s Victory At Supreme Court
The Allied Peoples Movement, (APM) Monday, withdrawn the appeal instituted at the Supreme Court to nullify President Bola Tinubu’s election victory. In the appeal, the party is contesting that Tinubu’s running mate and Vice President, Kashim Shettima, was nominated twice for different positions by the All Progressives Congress, APC, in relation to the 2023 general elections. APM had in its 10-ground of appeal, maintained its position that Tinubu was not eligible to participate in the presidential poll that held on February 25. However, at the hearing, Counsel to the party Mr. Chukwuma Machukwu Ume, SAN, withdrew the matter shortly after it was called up for hearing. A seven-member panel of the apex court, led by Justice Inyang Okoro, berated the party for filing an appeal the appeal for trying to over labour the court. According to the panel, APM appeal is a total waste of time and amount to an academic exercise since the party only wanted the apex court to “state the law.” “If we are idle, then maybe we will state the law. If there is nothing for you to gain from an appeal, you don’t just come to court for interpretation. “If for instance that you win a case, there must be something to be gained from the victory. We have read your appeal, there is absolutely nothing in it. You are not asking for your candidate to declared winner or anything of such, all you want is for the President to be removed. “If we remove the President, then what next? There are two other appeals here that are asking for something substantial,” Justice Okoro held. Also reacting to the appeal, Justice Emmanuel Agim, noted that issues the APM raised in its appeal, was previously decided by the Supreme Court. “We are not bound to hear every appeal. What you are asking us is to overrule ourselves. Did you not read our decision on the issue of double nomination.” Consequently, Ume, SAN, withdrew the appeal and it was accordingly struck out.
Yoruba Nation Activist, Sunday Igboho Regains Freedom
Yoruba nation agitator, Sunday Adeyemo, popularly known as Sunday Igboho, has been released from custody in Cotonou, Benin Republic, after nearly two years. Igboho, in a statement, confirmed his freedom and stated that he can now return to Nigeria and travel worldwide as he has met all legal bail conditions. However, he did not specify when he plans to return to Nigeria. He expressed his gratitude to President Talon of Benin Republic, Professor Banji Akintoye, Professor Wole Soyinka, and various Yoruba indigenes, politicians, media, academia, and monarchs for their unwavering support during his trial period in Cotonou. Igboho also extended his thanks to religious leaders, traditional worshippers, and others who prayed for his release. While acknowledging the support of former President Olusegun Obasanjo and Baba Ayo Adebanjo, Igboho emphasized the importance of unity among Yoruba leaders and urged political figures and monarchs to work together for the betterment of Yoruba land. Igboho was initially arrested on July 20, 2021, in Benin Republic while attempting to travel to Germany.
Court Halts Ondo Assembly Impeachment Move Against Dep Gov Aiyedatiwa
A Federal High Court Abuja on Tuesday, halted the impeachment process against the Ondo State House of Assembly Deputy Governor, Mr Lucky Aiyedatiwa, over alleged gross misconduct, pending the hearing and determination of the substantive suit before it. Justice Emeka Nwite also restrained Governor Rotimi Akeredolu from nominating a new deputy governor and forwarding same to the lawmakers for approval. The ruling was following an ex-parte motion moved by counsel to Aiyedatiwa, Kayode Adewusi. Justice Nwite held that after listening to Adewusi, he was of the view that the interest of justice would be met by granting the application. “Therefore, the application of the applicant succeeds,” he said. The embattled deputy governor had, in a motion on notice marked: FHC/ABJ/CS/1294/2023, sued the Inspector-General of Police and the Department of State Services. Others are Akeredoku, Speaker of the House of Assembly, Chief Judge of Ondo State, and the House of Assembly as 1st to 6th respondents respectively. In the application dated and filed by Mr Adelanke Akinrata on September 21, Aiyedatiwa sought four reliefs. The judge further made an order of interim injunction restraining Akeredolu, his servants, or privies from harassing, intimidating, embarrassing, and preventing Aiyedatiwa from carrying out the functions of his office as deputy governor of Ondo state. Justice Nwite, who granted all the reliefs adjourned the matter until October 9 for a hearing. Aiyedatiwa had, also in another suit marked: AK/348/2023 asked the High Court in Akure to stop the state’s house of assembly from proceeding with the impeachment proceedings against him pending the hearing and determination of the suit filed in the court on Monday.
Businessman Akindele denies N150m bribe allegations, secures N500m bail
Lagos-based businessman, Akintoye Akindele, has vehemently denied allegations of offering a N150 million bribe to the police in a bid to evade justice in a fraud case. The Managing Director of Duport Midstream Company entered a plea of not guilty to the one-count charge at the High Court of the Federal Capital Territory (FCT), Abuja, on Tuesday. The charge, brought forth by the Inspector General of Police, represented by counsel Mr. Simon Lough, SAN, alleged that Akindele attempted to offer N150 million to suppress investigations into a petition against him lodged by Summit Oil International Limited. The charge also stated that Akindele made an initial payment of N50 million to a team of investigators led by Ibrahim Ezekiel Sini from the Federal Investigation Bureau. In the petition by Summit Oil, Akindele was accused of colluding with others to misappropriate $5,636,397 and an additional N73,543,764 belonging to the company. Upon the reading of the charges, Akindele pleaded not guilty, prompting the Police counsel to request an adjournment to gather witnesses to substantiate the case against the defendant. However, Akindele’s defense counsels, Mr. Henry Eni-otu and Mr. Pelumi Olajengbesi from Law Corridor, made a compelling case for the defendant’s release on bail under lenient conditions. The defence highlighted that Akindele had been in police custody for over three weeks concerning the petition. Eni-Otu invoked Section 158 of the Administration of Criminal Justice Act, 2015, seeking the defendant’s admission to bail and assuring the court that Akindele would fully comply with the bail terms. In a swift decision, Justice Hamza Muazu granted bail to Akindele, setting the amount at N500 million, with two sureties required to have property ownership within the Federal Capital Territory (FCT) and verifiable title documents. As of the latest update, Akindele’s legal team, along with his friends and associates, were in the process of fulfilling the bail conditions for his release. The trial date, however, remains pending. This case marks another chapter in Nigeria’s ongoing effort to combat corruption and uphold the rule of law, demonstrating the legal system’s commitment to a fair and transparent judicial process.
N52bn SPW Disbursement: Lawyer threatens NDE with court action
An Abuja-based legal practitioner and social crusader, Abdulazeez Tijani has invoked the Freedom of Information (FOI) Act against the National Directorate of Employment (NDE), demanding details of the disbursement of N52bn to some youths under former President Muhammadu Buhari’s Special Public Work (SPW) policy. The disbursement of the N52bn approved and released to NDE by the former President was said to have been supervised by the office of the immediate past Minister of State for Labour and Employment, Mr. Festus Keyamo. Keyamo who was taken up on the issue by some Senators during his screening as a Ministerial nominee had claimed on the floor of the Senate that all registers and records of the beneficiaries are domiciled with the NDE. Keyamo had told the lawmakers that the account details and Bank Verification Numbers (BVN) of the 774,000 youths who benefited under the SPW policy of former President Buhari can be accessed under the NDE. Armed with Keyamo’s revelation, the lawyer cum social crusader, in a letter to the Director General of the NDE applied for Certified True Copies of the list of the 774,000 beneficiaries, their account details and evidence of disbursement to the accounts. He cited section 1 (1) of the Freedom of Information Act 2011, the enabling law to back up his demand for the N52 billion naira payment facts. In the letter dated August 10, 2023, and received the same day in the NDE Headquarters in Abuja, the lawyer claimed that as a law-abiding citizen of Nigeria, he became curious to know the true state of affairs in relation to the Special Public Works involving 774,000 youths and disbursement of N52bn to them as claimed in the Senate by the former Minister. In compliance with the Freedom of Information Act, the legal practitioner said he will undertake to be responsible for the cost of production of the demanded documents. In the letter obtained by our correspondent, the lawyer warned the NDE Director General to take the 30-day ultimatum as a pre-action notice and act within the period to meet up with his demands in line with the provision of the enabling law. The legal practitioner warned that unless his demands are met, he would have no option than to approach the Federal High Court for an order of Mandamus that would compel approval of his demands. It will be recalled that the sum of N52 billion was allocated for the SPW programme which was coordinated by the NDE under the supervision of the then Minister of State for Labour and Employment. The programme was targeted at employing 1,000 unskilled youths in each of the 774 local government areas for three months across the country. The beneficiaries were expected to engage in public service works and receive a monthly stipend of N20,000 each for three months.
Tribunal reserves judgment in petitions against Sanwo-Olu’s re-election
Lagos State Election Petition Tribunal has reserved judgment in two petitions against the election of Governor Babajide Sanwo-Olu, and his deputy, Dr Obafemi Hamzat. The three-man tribunal led by Justice Arum Ashom, on Saturday, said it would communicate the date for the judgment to the parties in the petition. Ashom made this known after counsel to the parties adopted final written addresses. Gbadebo Rhodes-Vivour of the Labour Party (LP) and Abdulazeez Adeniran (a.k.a. Jandor) of the Peoples Democratic Party (PDP) is challenging the re-election of Sanwo-Olu and Hazmat of the All Progressives Congress (APC). The Independent National Electoral Commission (INEC) is the first respondent in the petition, while Sanwo-Olu and Hamzat are the second and third respondents, respectively. APC is the fourth respondent. The governorship election took place on March 18. The two petitioners were absent in court on Saturday but Hamzat was present. Sanwo-Olu’s counsel, Chief Wole Olanipekun (SAN), while adopting his final written address, asked the court to dismiss the petitions for lack of merit. He described the petitions as an academic exercise. He said that there was no reference to the second respondent in the addresses of the petitioners, adding that the addresses dwelt on the third respondent. “They have abandoned their petitions and also abandoned any issues against the second respondent.” He said that the non-qualification of the deputy governor for the election as claimed by Rhodes-Vivour had no substance. Olanipekun argued that the allegation of Hamzat’s renunciation of Nigerian citizenship and swearing an oath of allegiance to the U.S. were not sufficiently proven. Similarly, counsel to APC, Mr. Abiodun Owonikoko (SAN), submitted that the argument about Hamzat’s citizenship was not duly proven by the petitioners. Counsel to INEC, Mr. Charles Edosonwan (SAN), in adopting his final written address, asked the Tribunal to dismiss the petitions for lack of evidence. He said: “One of the issues raised by the petitioners is whether the election was conducted in substantial compliance with the Electoral Act. “We say that they have provided no scintilla of proof to show it wasn’t. “A petition erected on such an allegation was sought to be proven by 10 witnesses in a state that has 13,325 polling units. The petition is materially challenged,” he said. Mr Olatunji Benson, counsel to LP and its Governorship Candidate, Rhodes-Vivour, asked the tribunal to uphold the position of his clients that Hamzat did not qualify to contest the election. He prayed the tribunal to remove Sanwo-Olu and Hamzat from office and declare Rhodes-Vivour the Governor of Lagos State. Also adopting his final written address, counsel to PDP, Mr Clement Onwuenwunor, argued that Sanwo-Olu did not have a secondary school leaving certificate and, therefore, was not qualified to be governor.
Impeachment Saga: Court adjourns Edo Dep Gov Shuaibu’s suit
Justice Ahmed Mohammed of a Federal High Court sitting in Abuja, on Thursday adjourned till August 22, hearing in the suit filed by the Edo State Deputy Governor, Phillip Shuaibu over an alleged plan by the State governor, Godwin Obaseki to impeach him from office. The court insisted on the earlier order that status quo ante bellum be maintained by the Inspector General of Police (IGP), State Security Service (SSS), Obaseki, Speaker, Edo State House of Assembly and the Chief Judge of Edo state, who are listed as defendants respectfully in the suit. At the last adjourned date, Justice Mohammed ordered the respondents to appear before him, Thursday, to show cause why they should not be permanently restrained from impeaching the Edo State deputy governor. However, when the matter was called on Thursday, counsel to the plaintiff, George Ibrahim, informed the court that the first and second defendants did not file any affidavit to show cause as directed by the court. Responding, counsel to the second defendant (SSS) Harold I. told the court that the service only filed a counter affidavit to the originating summons of the plaintiff. He said, “We are contending that we ought not to have been brought before the court, that is why we found it not necessary to show cause, as we have no business in the matter. We are waiting for the substantive application.” The trial Judge however admonished the counsel that he should have, at least filed the process first and then mentioned his grievances in the said process for the court to take note of. Although, the Inspector General of Police (IGP) was not represented in court, Justice Mohammed however adjourned the matter till August 22 and urged the SSS to file its affidavit to the order to show cause, parties should maintain status -quo ante bellum and that hearing notice be served on all the parties in the matter. Shuaibu, in his originating summons, is praying the Court to determine whether, in view of the provisions of sections 186 and 193 of the 1999 Constitution, Governor Obaseki has the power to instigate the IGP and SSS to prevent him from accessing his office to carry out his Constitutionally guaranteed duties. He is also asking the court to ascertain whether the Governor has power to instigate the Speaker and the Chief Judge to commence impeachment proceedings against him with a view to remove him from office on any other ground other than allegations of misconduct as contained in section 188 of the 1999 Constitution, among others. The trial Judge had, on August 4, issued a temporary restraining order while ruling in a motion on notice filed by Shuaibu asking the court to stop the move to ease him out of office by his principal.
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.