BREAKING! Court denies Binance executive, Gambaryan bail …see why

A Federal High Court in Abuja on Friday denied the bail application of a crypto currency firm executive, Tigran Gambaryan. Justice Emeka Nwite, while delivering the ruling, held that the bail application is refused as he has carefully gone through the application submitted before him and resolved that the defendant will jump bail if granted. Gambaryan, his company, Binance Holdings Limited, and a fellow top executive currently on the run, Nadeem Anjarwalla, were charged by the Economic and Financial Crimes Commission, with money laundering and terrorism financing .

Alleged N2.7bn Fraud: Fmr Aviation Minister, Sirika, Daughter, others arraigned …granted 100m bail each

The Economic and Financial Crimes Commission (EFCC) Thursday, arraigned and granted bail of N100 million each to a former Minister of Aviation, Hadi Sirika, his daughter, Fatima and two others. Justice Sylvanus Oriji of High Court of the Federal Capital Territory, Maitama, ordered the defendants be remanded in the Correctional Centre should they failed to meet the bail conditions. Sirika, who served under President Muhammadu Buhari administration alongside Jalal Sule Hamma and Al-Durag Investment Ltd was docked on a 6-count amended criminal charge over abuse of office to the tune of N2.7 billion. Before plea taking, the prosecution counsel, Rotimi Jacobs SAN, informed the court of an amended charge by the EFCC dated May 7, and filed on May 8, which was not opposed by counsel to the defendants. The defendants had pleaded not guilty, and Jacobs urged the court for expeditious hearing of the case. Sequel to not guilty plea, Kanu Agabi SAN, counsel for Sirika (1st defendant) informed the court of his client’s bail application dated May 6. Reacting, Jacobs told the court that all the defendants are on administrative bail and urged the court to grant bail on the condition that will make them appear for their trials. Meanwhile, ruling on the bail application, Justice Oriji granted bail to each of the defendants in the sum of N100m with two sureties each. The court held that the sureties must own landed property within the FCT with valid land titles and must depose to an affidavit of means. The court also restricted the defendants from traveling abroad without its permission. Justice Oriji ordered that the defendants should be remanded in prison custody if they fail to meet up with the bail conditions. Meanwhile, the matter has been adjourned till 10, 11, and 20 June for commencement of trial.

Contempt: A/Court grants EFCC’s stay of proceedings against Yahaya Bello …fixes May 20 for hearing

The Court of Appeal, Friday, granted an exparte motion for stay of proceedings filed by the Economic and Financial Crimes Commission(EFCC) against the contempt proceeding instituted by the former Governor of Kogi State, Yahaya Bello, against the Chairman of the Commission, Ola Olukoyede. Justice Joseph O.K. Oyewole, consequently granted the EFCC’s application to serve the processes in the Appeal by substituted means on the former governor. Consequently, the matter was adjourned for hearing of the motion on notice to May 20, 2024. The EFCC boss who was summoned to appear before the Kogi State High Court on May 13, 2024, to show cause why he should not be committed to prison for disobeying the Orders of the court, had appealed the Ruling of the trial Court and sought a stay of the proceeding of the Court. The EFCC boss is facing a contempt charge for carrying out “some acts upon which they (the EFCC) have been restrained” by the Court on February 9, 2024, pending the determination of the substantive Originating Motion. Justice I. A. Jamil, delivering a ruling in Suit No: HCL/68M/2024 and Motion No: HCL/190M/2024, ordered that “the said act was carried out by the Respondent (EFCC) in violation of the order, which was valid and subsisting when they carried out the act. That same act of the Respondent amounts to Contempt. EFCC operatives had laid siege on the residence of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, as early as 8am on April 17, 2024, with a bid to arrest him, despite a court order restraining them from taking such action, pending the determination of the Originating Motion. Justice Jamil’s order was based on a motion ex-parte filed by Yahaya Bello through his lawyer, M.S. Yusuf, Esq, where he prayed the court for an order to issue and serve the Respondent (EFCC Chairman) with Form 49 Notice to show cause why Order of committal should not be made on Olukoyede.

Court adjourns Rivers LGs/Govt, AGF, Police, DSS, others case till May 22

The Federal High Court, Abuja, on Thursday, adjourned hearing in the suit seeking to stop the Rivers State Government from withholding the financial allocations of the 42 Local Government Councils in the state, to May 22. The presiding judge, Justice James Omotosho, adjourned the matter to enable parties already served with the court’s documents respond accordingly, just as he ordered service on the 1st to 4th and 6th respondents who were neither in court nor represented by any lawyer. At the last adjourned date, the court, while ruling in an ex-parte application, refused to issue an interim order against the Rivers State government and other respondents pending the hearing of the main suit. He ordered the plaintiffs to put the respondents on notice and ordered all parties to maintain the status quo by not doing anything that would render the suit nugatory. However, when the matter was called on Thursday, while the 1st – 4th and 6th were absent in court, M. N. Umoh, Olumide Fusika, SAN, Damian Okoro, SAN, and Sammie Somiari, SAN, appeared for the 5th, 7th, 8th and 9th respondents respectively. The four lawyers all admitted service of court order to maintain status quo and asked for time to respond, adding that they are still within the time allowed by law to file their responses. When asked by the judge if they were also served with the court’s order directing all parties to maintain status quo, all but the 5th defendant admitted service. Justice Omotosho told the respondents that he had declined to grant the interim order but after plaintiffs’ counsel, Clement Ijom stated that salaries of teachers, primary health workers and other local government staff depend on the allocation, he then ordered parties to maintain status quo pending the hearing and determination of the matter. Subsequently, the judge ordered the respondents to file in their responses, while the suit is served on the remaining respondents. The Inspector General (IG) of Police, Commissioner of Police (CP) Rivers, Director General (DG) State Security (SSS), Director SSS Rivers, Attorney-General of the Federation (AGF), Chairman Revenue Mobilization Allocation and Fiscal Commission, Rivers State Government, AG Rivers State and Finance Commissioner in Rivers are 1st to 9th respondents respectively. The plaintiffs, on the other hand, include Dr Chidi LLoyd, Chairman, Emohua Local Government, Hon Alwell Ihunda Chairman, Port Harcourt Local goyvernment, Dr Nwanosike Samuel, Ikwerre Local Government, amongst others. They are suing the respondents over the financial allocation to the council as well as their personal security. Pending the hearing and determination of their motion on notice for interlocutory injunction, the plaintiffs had filed an ex-parte application seeking to restrain the Rivers State Government from withholding their financial allocation. They had also prayed the court to restrain the security agencies from withdrawing the security personnel attached to them. In the suit marked FHC/ABJ/CS/537/2024, and filed by their lawyer, Aliyu Hussein, the local government Chairmen, also sought an order prohibiting the defendants from preventing the enforcement or implementation of the newly amended Rivers State Local Government Law N:5 of 2024 pending the determination of the motion. In a 33 paragraph affidavit in support of the application deposed to by Dr Chidi LLoyd, Chairman of Emohua Local Government, the applicants claimed to have been duly elected in a democratically conducted election for a term of three years under the provisions of the Rivers State Local Government Law. They asserted that they are autonomous and constitutionally recognized as one of the tiers of the government and that Rivers State House of Assembly Enacted Rivers State Amended Law to guide their affairs and activities. They claimed that Rivers State Government, AG and Finance Commissioner who are not happy with the amended law have approached the IGP, CP, DG SSS and Director SSS seeking the withdrawal of policing and other security services from them in order to frustrate the implementation of the amended law. The Chairmen alleged that the Police Commissioner in the state who has the responsibility to advise the IG on the policing and security needs of Rivers State is under substantial control of Rivers State Government and would implement the directive of the state government. They further asserted that it would be impossible for them to carry out their respective functions and duties without the policing and security services of the IG. The Council chairmen asked the court to restrain the defendants, especially the Rivers State Government, from taking the law into its hand. They promised to undertake to pay for damages if their suit turns to be frivolous.

Terrorism: Miyetti Allah President, Bodejo knows fate on bail application May 30

Justice Inyang Ekwo of the Federal High Court in Abuja has fixed May 30 for ruling in a bail application filed by the detained leader of the Miyetti Allah Kautal Hore, Bello Bodejo, Bodejo who was accused of unlawfully establishing an ethnic militia group, Kungiya Zaman Lafiya to promote terrorism has been in the custody of the Defence Intelligence Agency (DIA) in Abuja. He was arraigned in March on a three-count charge filed by the office of the Attorney General of the Federation (AGF), in which he was accused of violating the Terrorism (Prevention and Prohibition) Act, 2022. He denied the charges Moving application for his bail on Tuesday Bodejo’s lawyer, Ahmed Raji, a Senior Advocate of Nigeria (SAN), pleaded with Justice Ekwo to admit his client to bail on various grounds ranging from ill health to fundamental rights. He asked the court for “an order admitting the defendant to bail on liberal terms pending the hearing and determination of the charges preferred against him.” The senior lawyer predicated the bail request on the ground that Bodejo “suffers from grave ill-health and that the offences are bailable. Citing Section 36 of the Nigerian constitution, Raji said his client is presumed innocent until proven guilty adding that the charge against Bodejo did not disclose any crime against him. Contrary to government assertions, Raji informed the court that launching of the group by his client was done in a public place with Police Commissioner and personnel of other security agencies as well as Nasarawa State government officials in attendance. In an affidavit deposed to by Mohammed Musa, a brother to Mr Bodejo,in support of the bail bid, he said the Miyetti Allah leader who was arrested by DIA personnel on 23 January, has “been denied access to his lawyers, family members, friends and well wishers.” Musa described Bodejo as a “patriotic Nigerian citizen who goes about his business within the ambit of the laws of the Federal Republic of Nigeria.” The deponent further said that Bodejo “neither established nor has any involvement with the ethnic militia group as alleged in the charge against him.” He explained that the essence of establishing the vigilante company was to provide security services to the members of the society and not to commit any act of terrorism as alleged by giving. However ,the federal government, through it’s lawyer, Y.A Imana, urged the court to reject Bodejo’s bail application on the ground that charges against the defendant borders on threat to national security. After taking arguments from the two parties, Justice Ekwo fixed 30th May for ruling in the bail application.

Edo Guber: Court strikes out suits against Ighodalo’s candidacy for PDP

Justice Inyang Ekwo of the Federal High Court, Abuja, Tuesday, struck out two separate suits challenging the Peoples Democratic Party (PDP)’s primary election that produced Asue Ighodalo as the party’s governorship candidate for the coming Edo State gubernatorial election. In the ruling, Justice Ekwo held that those who instituted the suits from the political camp of former Deputy Governor of the state, Philip Shuaib, have no locus standi. The court held that the plaintiffs failed to exhibit sufficient, direct, and tangible personal interest that could lead the court to nullify the primary election. The first suit marked: FHC/ABJ/CS/195/2024, was filed by Adizetu Umoru, while the second suit marked: FHC/ABJ/CS/196/2024, was filed by Moses Alabi and Christopher Oboarer. The plaintiffs had sued the Independent National Electoral Commission(INEC), PDP, Umar Damagu (acting national chairman), Setonji Koshoedo, PDP’s National Working Committee (NWC), and its National Executive Committee (NEC) as 1st to 6th defendants respectively. The three plaintiffs, in their separate motions filed on February 19, sought an interim order of the court restraining the defendants from using the list of ward congresses held in February. 4, for the purpose of conducting the PDP’s primary in Edo State, slated for February. 22 or any other date pending the hearing and determination of the main suit. Justice Ekwo, however, held that the plaintiffs did not establish how their individual interests were affected or jeopardized by the primary election. Specifically, the judge said that the plaintiffs did not establish whether they were eligible to participate in the election but prevented or whether wrongdoings were displayed during the election.

Ex-terrorist negotiator, Tukur Mamu wants transfer from DSS custody to Kuje prison

Former terrorist negotiator, Mohammed Tukur Mamu, has asked Justice Inyang Ekwo of the Federal High Court Abuja, to transfer him out of the custody of the Department of the State Service (DSS) to Kuje prison. The DSS, on March 21, 2023, arraigned him on 10 count charge of terrorism financing, among others. He pleaded not guilty to the charges. Mamu was arrested at the Aminu Kano International Airport upon his arrival from Egypt on September 6, 2022, over his alleged relationship with the terrorists who attacked the Abuja-Kaduna train on March 28, 2022. At the resumption of his trial on Monday, Mamu through his counsel Abdul Mohammed SAN, alleged that the order of the court made on December 19, 2023, that he be allowed access to his personal physician for medical treatment was not complied with by DSS. In his motion on notice argued by Mohammed, the former terrorist negotiator claimed that he was allowed access to the physician once during which a report of comprehensive medical examination to be carried out on him was submitted to the DSS. Since the submission of the report, Mamu alleged that the physician had not been allowed to access him and that he needed urgent surgical operations in any hospital in the county. The defendant further claimed that his health had since deteriorated and that he may lose his life any moment if he was not moved out of DSS custody to Kuje prison. He promised regular attendance at the trial in the terrorism charges adding that he can only stand trial when alive. There was however a mild drama at the proceeding when a federal government lawyer, David Emmanuel Kaswe who was billed to respond to Mamu’s request suddenly disappeared in the court room without any excuse or notification . The situation forced the court to stand down the proceeding for over one hour but yet the prosecution counsel did not show up. Justice Ekwo who expressed shock over the attitude of the lawyer to the court said “Iam aware that the prosecution counsel was in this court room this morning. “The miracle of his disappearance is however beyond my understanding. This court stands on the side of justice and the antics of the prosecution will be tolerated for today’s proceeding only”. Justice Ekwo invoked the rule of the court and ordered that the processes filed by the lawyer against Mamu’s application be deemed adopted. The Judge subsequently fixed May 20 for ruling on whether to move the defendant out of DSS custody to Kuje prison or not.

NNPCL refuses FOI request on staff, Asabe Waziri over multi-million naira property In Abuja, Lagos …says personal details of staff not discloseable

The Nigerian National Petroleum Company Limited (NNPCL) has turned down a Freedom Of Information, FOl, request on regarding employment status and alleged multi-million naira property acquisition by a staff of the company, Ms. Asabe Waziri. In its reply, the company said the personal inflation of nuts staff is not discloseable. NNPCL, through its counsel, Chief Afe Babalola, SAN, in its reply dated April 22, 2024 to an FOI request by Human Rights Writers Association of Nigeria, HURIWA, said, “Accordingly, we regret our client’s inability to accede to your demand for the requested information. Our client, with this, outrightly rejects your request.” In the FOI request, HURIWA had sought to know the following: The current employment status of Ms. Waziri with NNPC Limited, including her position, department, and any relevant employment records, her salaries and benefits date of enlistment with any records indicating her length of service. Other information sought by HURIWA include, acquisition of property: clarification on how Ms. Waziri, as a public servant, allegedly acquired two units of residential property (specifically, units 3B and 3C, Abbey Signature Apartments, 1 Mekong Close, Maitama Abuja FCT) valued at N260 million and the verification of the allegation that Ms. Waziri made a purchase of a prized housing asset in Lagos and information regarding any additional actions or disciplinary measures taken by NNPCL. In its response, the company said, “Having reviewed your request, we invite you to please note that our client has ceased to be subject to the Freedom of Information Act 2011 (FOIA) following the coming into force of the Petroleum Industry Act 2021, by which the erstwhile Nigerian National Petroleum Corporation (the Corporation), which was a public institution, transited to a limited liability company upon the registration of the Nigerian National Petroleum Company Limited (NNPC) under the Companies and Allied Matters Act 2020. Thus, our client is not obligated to respond to demands for information under the FOIA. Be that as it may, our client highlights the following in the interest of due process and transparency: i. The information listed as items 1 to 4 are exempted from the application of the Freedom of Information Act, 2011. Section 14 (1)(b) of the Freedom of Information Act, 2011 reads: “…a public institution must deny an application for information that contains .ersonal in ormation and in ormation exem ted under this subsection includes – @) -ersonnel ‘les and 22 onal in ormation maintained with res .. ct to employees, appointees or elected officials of any public institution or applicants for such positions,” “As information regarding the salaries, salary scale, benefits, benefits package, additional compensation from our client, date of enlistment position, department, acquisition of property, and any relevant employment records are employees‘ personal information in personnel files, our client must deny your request. “Furthermore, information regarding any additional actions or disciplinary measures taken by our client concerning its staff is not disclosable under the Freedom of Information Act 2011. Please see Section 12 (1) (a) of the Freedom of Information Act 2011, which prohibits the release of information in relation to records compiled by the institution for administrative enforcement proceedings or internal matters. It provides that: “12. (1) A public institution may deny an application for any information which contains(a) Records compiled by any public institution for administrative enforcement proceedings and by any law enforcement or correctional agency for law enforcement purposes or for internal matters of a public institution…” “As our client is not a party to the alleged suit(s) and dispute between Ms Waziri, Abbey Signature Limited, or any other person, it will not get involved in any matter(s) arising from or connected to the dispute.”

National Justice Summit 2024: Stakeholders call for reforms ..In judicial appointment process ..Funding ..Eradicating delays in the justice system

The communique released at the end of the National Justice Summit, 2024, made far-reaching recommendations that will address the issues of judicial appointment process, funding, and eradicating delays in the administration of justice in Nigeria. Stakeholders in the judiciary, experts, legal luminaries, retired judicial officers etc have noted that the National Policy on Justice 2024 to 2028, will now serve as a roadmap, paving the way for a more efficient, equitable and responsive justice system for all Nigerians. In the communique on Friday, the Chairman, Joint Planning Committee of the Justice Summit, Dr Babatunde Ajibade SAN, said the summit had three technical sessions. He stated that the general consensus reached at the summit was that the role of the National Judicial Council in discharging its responsibility for judicial appointments into the Superior Court of record required significant review. The stakeholders expressed concern about the fact that the Chief Justice of Nigeria, who is the chairman of the NJC is also the chairman of the Federal Judicial Service Commission, the body that initially reviews proposals or lists of candidates by appointment into judicial office. The summit pointed out the seeming inconsistency between the CJN playing both roles, as it would appear that he is recommending candidates to himself being chairman of both bodies, and being the person who appoints a significant number of the members of both bodies other than those who are statutory members. There’s a general consensus by the summit on the need to reconstitute or propose reconstitution of both the NJC and the FJSC. On the role of the State Judicial Service Commission in judicial appointmens, the summit concluded that there was a significant need to ensure that composition of the SJSC is more diverse, that it reflects the interests of the users of the justice sector. Stakeholders noted the fact that the current NJC guidelines may have subverted the intent of the constitutional provision, empowering the SJSC to make judicial appointments, because the NJC guidelines, rather than authorising the SJSC to prepare a shortlist of potential candidates for judicial appointments, appear to address that responsibility solely in the Chairman (Chief Judges of States). The summit therefore called for an amendment of the aspect of the NJC guidelines to make clear that the development or preparation of shortlist of candidates for judicial appointments is something that is to be done by the Commissions as a whole and not just by the Chief Judges. On the general approach that ought to be taken to reforming the judicial appointments process, the summit stressed that focus should be on increased transparency in the appointment process, meritocracy and on meaningful performance evaluations of those who seek judicial office. Also, it was recommended that Nigeria should consider the model that is currently being used in Kenya. There was a consensus on the need to codify the judicial appointments process, such that the discretion that is currently witnessed in the appointments process is reduced to the barest minimum. On funding, budgeting, and administration for the judiciary, the summit resolved that the current process for funding the courts was totally deficient as it was evident that the provisions of the Constitution as amended by the Fifth Amendment, authorising that funding for the State courts should be a joint effort carried out by the executive and the judiciary was not being implemented in any shape or form in the majority of the states. Clear recommendations were made that this was something that needed to be pursued and dealt with decisively, as the summit stated that funding of the judiciary at the federal level is much better than what obtains in the States of the Federation. More so, the summit observed the need to professionalise the administration of the courts, as well as to appoint persons with clear administrative experience to be selected through a transparent process to administer the courts, and to separate the administration of the courts from the administration of justice. On eradicating delays in the administration of justice agenda for leveraging the rules of procedure and effective case management in Nigeria, the panel considered the importance of limiting the jurisdiction of the Supreme Court, and ensuring that matters that would go to the Supreme Court would only be matters of significant national importance. The summit held that before a matter goes to apex court, it would only be by the leave of the Supreme Court, and that the automatic right of appeal to the will be severely curtailed and will be limited only to matters relating to the office and the election into the office of the president of the federation, Vice President and, and Governors of the States. The summit also stated the need for there to be clarity as to who has the authority to discipline legal practitioners and also issues as to how to improve the efficiency of the disciplinary process for legal practitioners. It was agreed that significant steps needed to be taken in these areas to enhance the quality of justice delivery in Nigeria and increase the confidence of members of the public in our justice sector. Conclusively, the summit noted the commitment by the Attorney General of the Federation and by all stakeholders, stressing the need to quickly engage the resolutions into draft legislation that will be presented to the National Assembly for inclusion in the ongoing constitution review process, and also for non-constitutional related legislation to be implemented almost immediately.

Health, welfare of judges topmost priority, FG assures …Justice Orji-Abadua, jurist of unimpeachable character – Justice Dongban-Mensem

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has assured of the federal government’s commitment to improving the justice system and enhancing the capacity of the judges. The AGF spoke at a valedictory court session held by the Court of Appeal for the late Justice Theresa Orji-Abadua, who died on March 8 as the presiding justice of the Benin division of the court. Fagbemi said: “The federal government will continue to support to support the judiciary and ensure that the health and welfare of the judges remain the priority of this administration.” Fagbemi, who, like every speaker at the event, eulogised the deceased, said her keen and brilliant insight into legal matters, earned her the respect and admiration of her peers and colleagues. He added: “It is indeed, safe to say that throughout her professional journey, Honourable Justice Orji-Abadua not only achieved brilliant success, but also served as a beacon of inspiration for aspiring legal professionals in her exceptional demonstration of the importance of integrity, diligence, and unwavering dedication to the pursuit of justice. “Her contributions to the Judiciary, at the different levels of the Nigeria Judicature, indeed stands as a testament to her exceptional legal prowess and unwavering commitment to upholding the Rule of Law.” The President of the Court of Appeal, Justice Monica Dongban-Mensem, said Justice Orji-Abadua was a jurist of unimpeachable character who had a very simple and humble nature. Justice Dongban-Mensem, who was represented by the Presiding Justice of the Abuja division of the Court of Appeal, noted that the deceased was in the service of the Judiciary for 27 years, 16 of which were spent at the Court of Appeal. She added that although Justice Orji-Abadua was no longer around, her “contributions to the development of the law will remain and continue to help our jurisprudence to grow.” The chairman of the Body of Benchers (BOB), Adegboyega Awomolo (SAN), and former President of the Nigerian Bar Association (NBA), who spoke for the Body of Senior Advocates, Paul Usoro (SAN) equally spoke glowingly about the deceased. Awomolo described the late Justice Orji-Abadua as a fair and thorough jurist who served without blemish. The deceased’s widower, Dr. Benjamin Abadua expressed delight about the beautiful things he said about his late wife. Abadua said his late wife was a forthright personality who was always conscious of the truth and justice.