Mohammed Shosanya

A total number of 39,526 cases are pending in Nigeria’s Appeal Court as at August 31, 2023,its President,Justice Monica Dongban Mensen,has said.

She disclosed this on Monday, at the official commencement of the 2023/2024 legal year of the Court of Appeal.

“The Court still has a total of 39,526 Appeals pending as at 31th of August, 2023. This is an increase from 34,037 pending in the Court in the 2021/2022 Legal Year” Justice Dongban Mensen stated.

She assured that the court will continue to discharge its responsibilities by ensuring that appeals are heard speedily with utmost dedication, commitment and diligence.

She revealed that during the period in view,the court encountered a deficit of 18 Justices, but nonetheless, the remaining Justices kept the wheels of justice rolling.

“During the 2022/2023 legal year, a total of 7,295 Appeals and 3,665 Motions were filed in the 20 Divisions of the Court. The Court determined 3,765 Appeals and disposed of 5,617 Motions. While 1,030 of these Appeals were dismissed and 10,381 were allowed, the PCA stated.

As a result of the shortfall of 18 Justices of the Court, special panels were convened to alleviate the strain on heavily burdened divisions, she explained.

According to the PCA, a total of 484 Appeals/Motions were taken in 10 Divisions of the court.

She added that she special panels disposed of 232 Appeals, while 128 Appeals were reserved for judgment.

However, Dongban Mensen stated that “Special Panels are a serious constraint on the resources of the Court”.

She maintained that the selection of cases for these special panels, particularly those of urgent and critical nature, demonstrated the court’s obligation to maintain the integrity of the country’s judicial system.

Besides,Justice Dongban Mensen disclosed that during the 2023 vacation, three special panels were established to address time bound appeals.

“The Hon. Justices were deluged with Election appeals from the various Divisions. Their Lordships heard and determined a total of 87 Election Appeals from the various Divisions of the Court, comprising of 8 pre-election appeals, 48 Interlocutory appeals from the Tribunals and 14 substantive election appeals” the PCA said.

She recalled that a total of 98 panels were constituted to hear election petitions across the country to handle a total of 1,209 petitions that were filed.

Among the petitions, five were filed at the presidential election petition court and have been concluded, while some of 147 filed at the Senatorial election tribunal have been delivered and 417 petitions from the House of Representatives election are also being attended to.

She revealed that a total of 557 petitions associated with the State Houses of Assembly, and 83 Gubernatorial Elections petitions are being disposed off.

Justice Dongban Mensen, expressed dismay that despite their commitment and hardwork, Justices of the appellate court are most often than not vilified and insulted.

“We endure hardship, gross underpayment of due entitlements, unwarranted intimidations, insults, etc yet we remain undaunted.

“We must not however be taken for granted. There is a limit to unappreciated endurance. We only ask for what is due to us and no more” the PCA warned.

The Attorney General of Federation and Minister of Justice, Prince Lateef Fagbemi (SAN) said that President Bola Tinubu’s administration will address the issue of shortage of Justices at the Court of Appeal and the Supreme Court.

Also speaking, former Attorney General of the Federation (AGF) and Minister of Justice, Mr. Kanu Agabi (SAN) said that Nigeria’s continued survival greatly depends on the transparency of judicial officers in the discharge of their judicial functions.

Speaking on behalf of the Body of Senior Advocates of Nigeria (BOSAN), Agabi noted that, in spite of the contributions and sacrifices of judicial officers to the survival of the country, they are still been unwarantedly attacked and criticized.

He warned that the country would be doomed unless the unjust attacks against judicial officers are stopped.

Former Minister of Petroleum Resources, Diezani Alison-Madueke, has been charged with bribery offences relating to her time in government, the United Kingdom National Crime Agency (NCA) said on Tuesday.

Alison-Madueke, 63, who was a former President of the Organisation of the Petroleum Exporting Countries (OPEC), will appear in court in the British capital on October 2, the NCA said.

Alison-Madueke has been on bail since first being arrested in London in October 2015.

After her arrest,her family’s lawyer saidshe would strongly contest corruption allegations that have dogged her during and after her time in former President Goodluck Jonathan’s government.

Alison-Madueke, in office from 2010 to 2015, was the first woman to be oil minister in Nigeria and the first female president of the global oil cartel OPEC.

The head of the NCA’s international corruption unit, Andy Kelly, said in a statement, “We suspect Diezani Alison-Madueke abused her power in Nigeria and accepted financial rewards for awarding multi-million pound contracts.”

The NCA said Alison-Madueke allegedly benefited from at least £100,000 ($127,000) in cash, chauffeur-driven cars, flights on private jets, luxury holidays for her family, and the use of multiple London properties.

The charges also detail financial rewards including furniture, renovation work and staff for the properties, payment of private school fees, and gifts from top designer shops such as Cartier jewellery and Louis Vuitton goods.

“Bribery is a pervasive form of corruption, which enables serious criminality and can have devastating consequences for developing countries,” Kelly said.

“These charges are a milestone in what has been a thorough and complex international investigation,” he added.

Alison-Madueke has been living in the upmarket St John’s Wood area of north London since she was first arrested, and undergone chemotherapy for breast cancer, according to her family.

At the time of her arrest, the NCA said only it had detained five people in London on suspicion of international corruption, without naming those held.

The Nigerian government of Jonathan’s successor Muhammadu Buhari later confirmed Alison-Madueke’s arrest and said its law enforcement agencies were cooperating with their British counterparts.
Former Army General Buhari began an anti-corruption drive after taking office.

The NCA said that assets worth millions of pounds in relation to the case have been frozen as part of the investigation.

In March, the agency, which targets international and organised crime, provided evidence to the US Department of Justice allowing them to recover assets totalling $53.1 million linked to Alison-Madueke’s alleged corruption.

AFP

A lawyer and activist, Olukoya Ogungbeje, has sued the Inspector-General of Police (IGP) and seven others, for violating the fundamental rights of traditional worshippers in Kwara State.

Others identified as second to nine respondents in the suit numbered FHC/L/CS/1674/2023, are: Kwara State Police Commissioner; the State Government; Registered Trustees Of Council Of Ulama (Islamic Clerics);Justice Salihu Mohammed, Executive Secretary of Council of Ulama; Sheikh (Dr) Mohammed Bashir Saliu, Chief Imam of Ilorin and Chairman of Council of Ulama; Alfa Abdulsalam Baba Tonile Okuta-Agidu; Kwara State Magistrates Court, Ilorin, and Nigerian Correctional Service (NCoS) Ilorin, Kwara State.

He is suing the all the respondents in public interest on behalf of traditional religion adherents and worshipers in Nigeria.

According to him,the suit is pursuant to freedom of religion, thoughts, belief and conscience, under Sections 36, 38, 42, and 46 of the Constitution of the Federal Republic of Nigeria 1999; Order Ii Rules 1 And 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009; Order Xi of the Fundamental Rights (Enforcement Procedure) Rules 2009 and under the court’s inherent jurisdiction as imbued by Section 6(6)(b) of the Constitution.

He prays the court for the determination of the following questions: “a determination of the question whether he can approach the court in public interest for the enforcement of any of the Fundamental Rights expressly enshrined under Chapter IV of the Constitution in accordance with the Fundamental Rights (Enforcement Procedure) Rules 2009 seeking redress for violation or breach of any of the rights guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) whether the reliefs sought are personal to the applicant or not.

“A determination of the question whether the fundamental rights to freedom of religion guaranteed under Section 38 of the Constitution extend to traditional religion adherents who are Citizens of the Federal Republic of Nigeria and can enjoy the right to freedom of religion and practice their religion and celebrate cultural festivals without any let or hindrance by the Respondents in any part or State in Nigeria.

“A determination of the question whether the stoppage of ISESE cultural festival slated for 20th of August 2023 and the arrest, arraignment and remand of traditional religion adherents and worshippers by the respondents without any cause and under the guise of defamation of character, does not constitute a brazen violation of traditional religion adherents rights to freedom of religion, thoughts and conscience

“A determination of the question whether if the above questions are in the affirmative, the stoppage of ISESE cultural festival slated for 20th of August 2023 and the arrest, arraignment and remand of traditional religion adherents as Nigerian Citizens is not a violent violation of the rights to fair hearing and right to freedom of religion, as enshrined under sections 36 and 38 of the Constitution of the Federal Republic of Nigeria and ought not to be deprecated and declared unconstitutional.”

The lawyer said that if the above questions were answered in his favour, he prays the court for the followings: “a declaration that he can approach court in public interest, for the enforcement of any of the Fundamental Rights expressly enshrined under Chapter IV of the Constitution in accordance with the Fundamental Rights (Enforcement Procedure) Rules 2009 to seek redress for violation or breach of any of the rights guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) whether it is personal or not.

“A declaration that the fundamental rights to freedom of religion, thoughts and conscience guaranteed under section 38 of the Constitution extend to traditional religion adherents who are Citizens of the Federal Republic of Nigeria and can enjoy the right to freedom of religion and practice their religion and celebrate cultural festivals without any let or hindrance by the Respondents in any part or State in Nigeria as constitutionally guaranteed under section 38 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended)

“A declaration that the stoppage of Isese cultural festival slated for 20th of August 2023 and the arrest, arraignment and remand of traditional religion adherents and faithfuls by the Respondents without any cause and under the guise of defamation of character and violation of same which CANNOT ground criminal liability, is a nullity and thus constitute a brazen violation of traditional religion adherents rights to fair hearing and rights to freedom of religion, thoughts and conscience guaranteed under sections 36, 38 and 42 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).

“An order compelling all the respondents jointly and severally to tender a public apology in Five (5) widely read Newspaper publications to all the traditional religion adherents, faithfuls and members and to pay the sum of N100, 000,000.00 (One Hundred Million Naira) only as general and exemplary damages for the flagrant violation of their fundamental rights expressly created by the Constitution without recourse to the Constitution of the Federal Republic of Nigeria.

“An order of perpetual injunction restraining all the respondents jointly and severally, whether by themselves, their agents, officials, servants, privies, officers and/or howsoever called from arresting, detaining, harassing, embarrassing, humiliating, interfering, disrupting, disturbing and further violating the rights to freedom of religion, thoughts and conscience of traditional religion adherents and faithful as enshrined in section 38 under Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) as it relates to the planned Isese cultural Festival to be celebrated in Ilorin, Kwara State or any other cultural festival to be celebrated in any part or State in the Federal Republic of Nigeria in connection with the facts or related to the facts of this case.”

In a 42 paragraph-affidavit in support of the motion,Ogungbeje stated that by virtue of his Call to the Nigerian Bar, he sworn to uphold the provisions of the Constitution of the Federal Republic of Nigeria in line with Rule 1 of the Rules of professional conduct for Legal Practitioners in Nigeria. And that he has a duty as a Minister in the Temple of Justice and Legal Practitioner to protect and defend the sanctity of the provisions of the Constitution of the Federal Republic of Nigeria from any constitutional contravention or infraction and or violation.

He stated that he has roots traceable to traditional religious worship as bestowed by his grandfather and great grandfathers before his conversion to Christianity, hence his name Ogungbeje, meaning (the gods have accepted my promise or gifts), and that it was based on that he filed the suit in public interests pursuant to the Fundamental Rights (Enforcement procedure) Rules 2009.

He further averred in the affidavit “that sometimes in July 2023, traditional religion adherents planned for the annual Isese cultural festival in the Yoruba-speaking States in Nigeria including Ilorin, Kwara State to be celebrated on the 20th of August 2023.

“That I am aware as a fact that Isese cultural festival is being celebrated in Lagos State, Ogun State, Ondo State, Ekiti State, Oyo State and Osun State and the Governments of Lagos State, Oyo State, Osun State and Ogun State have declared Monday, the 21st of August 2023, as public holiday on account of the celebration of the annual Isese cultural festival that fell on Sunday the 20th of August 2023.

“That based on the above, on the Sunday, the 20th of August 2023, Isese cultural festival was celebrated by all traditional religion adherents and worshippers in Lagos State, Ogun State, Oyo State, Ekiti State, Osun State and Ondo State only for traditional religion adherents be to stopped and deprived of their rights to freedom of religion
[8/22, 3:57 PM] Mohammed Shosanya: “adherents be to stopped and deprived of their rights to freedom of religion, thoughts and belief by the Respondents in Ilorin, Kwara State.

“That the recent disturbing developments wherein the fourth, fifth, sixth and seventh respondents have openly threatened to stop the planned Isese cultural Festival in Ilorin, Kwara State by traditional religion adherents and worshippers in Ilorin, Kwara State without any cause.

“That precisely on the Tuesday the 15th of August 2023, the fourth respondent through a press conference held by the fifth, sixth and seventh respondents threatened that Ilorin is an Islamic State that will not tolerate the celebration of Isese cultural Festival slated to be held on the 20th of August 2023 in Ilorin, Kwara State prompting the postponement of the festival to await judicial redress.

“That the subtle press statement by the first and second respondents directing the traditional religion adherents to hold Isese cultural festival elsewhere constitutes a brazen violation of the right to freedom of religion against Nigerian Citizens. And that the act and action of the respondents on the stoppage of Isese cultural festival in Ilorin, Kwara State by traditional religion adherents is clearly unconstitutional.

“That I am aware that Nigeria is secular State whose Constitution guarantees fundamental rights to freedom of religion, thought and Conscience. And that the fourth, fifth, sixth and seventh respondents have continued to use the agents of the first and second respondents to clampdown on every dissenting traditional religion adherent and worshipper in a bid to silent the proponents of traditional religion in Nigeria nay Kwara State

“That on the 31st of July 2023, one Madam Efunsetan Abebi Aniwura Olorisha. a.k.a Iya Osun, was arrested on the guise of defamation of character, arraigned on the 1st of August 2023 before the eighth respondent and remanded in prison custody.

“That again, on the 16th of August 2023, one Mr. Adegbola AbdulAzeez. a.k.a Tani Olorun was also arrested, arraigned on the 17th of August 2023 and remanded in prison custody under the guise of defamation of character.

“That the duo of Madam Efunsetan Abebi Aniwura Olorisha. a.k.a Iya Osun and Mr. Adegbola AbdulAzeez. a.k.a Tani Olorun were arrested and arraigned without being afforded the opportunity of any legal representation or counsel of their choice.

“That the allegations against the duo of Madam Efunsetan Abebi Aniwura Olorisha. a.k.a Iya Osun and Mr.Adegbola AbdulAzeez. a.k.a Tani Olorun who are traditional religion adherents are trumped-up and civil in nature that cannot ground any criminal liability.

“That the fourth, fifth, sixth and seventh respondents in conjunction with the first, second and third respondents are hell bent to continue to violate and deprive traditional religion adherents and faithful from exercising their fundamental rights to freedom of religion, thoughts and conscience constitutionally guaranteed under the guise of defamation of character.

“That the planned Isese Festival scheduled to be held on the 20th of August 2023 in Ilorin Kwara State has been truncated by the Respondents without any cause. And that the act and action of the respondents have brazenly and oppressively infringed on the rights of traditional religion adherents and faithfuls without any recourse to law.

“That this instant application has been filed in public interests against the Respondents for the protection of the rights of the under-dogs and oppressed traditional religion adherents in Nigeria necessitating judicial intervention for appropriate enlightenment and redress in a court of competent jurisdiction.

“The acts and actions of the respondents are not justified by law in the face of the brazen and oppressive violation on the rights of the Traditional Religion Adherents to freedom of religion, thoughts and conscience. And that if the respondents are not restrained through judicial intervention by Honourable Court, there will be further violations on the rights of traditional religion”.

Mohammed Shosanya

An international civil group, Egalitarian Mission for Africa (EMA) has sued President Bola Tinubu of Nigeria at the Economic Community of West African (ECOWAS) Court of Justice, over plans to deploy military action in a bid to reinstate the ousted democratically elected government in Niger Republic.

The suit which seeks to invoke the ECOWAS protocols to halt the planned military action was filed on behalf of EMA by a Nigerian lawyer, Dr Kayode Ajulo.

Other plaintiffs in the suit are a former Director General of the Nigerian Institute of Internal Affairs (NIIA), Professor Bola Akinterinwa and a Nigerian lawyer, Hamza Nuhu Dantani.

Defendants are ECOWAS, Authority of Heads of State & Government of ECOWAS, President of ECOWAS Mission, Federal Republic of Nigeria and Republic of Niger.

The group wants the ECOWAS Court to invoke relevant treaties of the regional body and international laws to stop the military invasion of Niger Republic being spearhead by the Nigerian Government.

The group said that the planned military action or invasion will run foul of the obligations in the ECOWAS treaties and therefore amounting to illegality.

The plaintiffs averred that Nigeria should not travel the dangerous road of military hostilities that may further escalate the crisis in the Niger Republic.

The suit marked ECW/CCJ/APP/3/23, stated that ECOWAS treaties prohibit aggression among member states.

The plaintiffs are seeking the ECOWAS Court to restrain any form of military action in Niger Republic that may undermine the sovereignty and the territorial integrity of Niger Republic.

The plaintiffs’ counsel, Dr Ajulo, in a letter to President Tinubu, notified the ECOWAS Chairman of the pendency of the suit and invoking the Protocol of the ECOWAS Court on the need to respect and obey the rule of law as well as to refrain from doing what will militate against the subject matter.

The letter is entitled: “Notification of Pendency of case before the ECOWAS Community Court of Justice; Call For Strict Adherence To The Protocol of the Honourable Court of the ECOWAS Commumity Court of Justice”.

It reads in part: “We are Counsel to the Plaintiffs/Applicants in the above case before the ECOWAS Community Court of Justice and it is on their firm and unequivocal instructions that we write.

“Sequel to the Resolution and several sanctions imposed by the ECOWAS in the aftermath of the unfortunate and unconstitutional takeover of the democratically elected Government of the Republic of Niger, we have lodged a Case before the ECOWAS Community Court of Justice in an application for reliefs as the proposed military intervention in the Republic of Niger would be tantamount to aggression between ECOWAS member states.

“The intervention will specifically violate Articles 1, 5, 15, 16, 17, 21, 22 & 24 of the African Charter on Human and Peoples’ Rights; Articles 1 (2), 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13 & 14 of the International Covenant on Economic, Social and Cultural Rights; Articles 1, 3, 22, 23 (3), 25 (1) & 26 of the Universal Declaration of Human Rights 1948; Articles 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 of the Declaration on the Right to Development 1986; Articles 6, 15, 31, 63 & 64 of the Revised Treaty of the Economic Community of West African States; Article 10 of the Supplementary Protocol (A/SP.1/01/05) amending the Protocol (A/P.I/7/91) relating to the Community Court of Justice and Articles 10 (c), 22, 26, 27, 28, 56 of the ECOWAS Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peace– Keeping and Security 1999.

“The case, an official copy of which has been duly served on your Excellency through the ECOWAS Secretariat, 101, Yakubu Gowon Crescent, Asokoro, Abuja, has invoked the jurisdiction of the International Court to consider Conventions, Treaties, Protocols and Regulations to which your Excellency and the Federal Republic of Nigeria are signatories and which override the resolutions, sanctions, domestic law and practices and which the ECOWAS Community Court of Justice has been called upon to declare illegal.

“We wish to further draw your attention to Article 22(2) of the Protocol on the Community Court of Justice which mandates that “When a dispute is brought before the Court, Member states or institutions of the Community shall refrain from any action likely to aggravate or militate against its settlement”.

“In the Case before the ECOWAS Court of Justice, the ECOWAS Authority of Heads of State and Government (of which your Excellency is the Chairman), President, ECOWAS Commission, The Federal Republic of Nigeria (of which your Excellency is the President and Commander-in-Chief of the Armed Forces) have been sued as sovereign legal representatives of respective institutions including the Republic of Niger.

“It is your Excellency’s sacred duty as the Chairman of the Authority of Heads of State and Government of ECOWAS and the President and Commander-in-Chief of Armed Forces of Federal Republic of Nigeria under your hand to bring the institution of the Case before ECOWAS Community Court of Justice to the attention of the other Defendants and to insist, particularly in your Excellences’ subsequent meetings, that the Defendants refrain from taking any action in respect of the subject matter pending the determination of the case, in view of your Excellency and Nigeria’s protocol obligation under the Article above quoted.

“Your Excellency, it is our firm confidence that by your enviable knowledge of high international standard of due adherence to the rule of law and respect for the supranational judicial process obtainable in a Case of this nature, we need not further stress the need to ensure that all the Defendants concerned maintain the status quo presently obtaining, and restrain themselves from taking any step susceptible to being regarded by the ECOWAS Community Court of Justice and international Community as prejudicial to the interest of our client or any of the parties in court.

“Your Excellency would agree with us that as the law stands presently, the Resolution on proposed military actions be discontinued pending the determination of the Case by the ECOWAS Community Court of Justice.

“The Federal Government of Nigeria and other Defendants have never been known to confront the international judicial system nor subject themselves to international ridicule and is beyond mischievously foisting a fait accompli on an International Court to which charter or protocol she is a High Contracting party.

“It is without any reservation that we proceed on the common ground that your Excellency would use your good offices as the Chairman, Authority of Heads of State and Government of ECOWAS and President & Commander-in-Chief of Armed Forces of the Federal Republic of Nigeria to adhere and advise compliance on the part of the afore-listed defendants.
.

“While thanking you for your adherence to the rule of law, please accept the assurance of our warmest professional regards”

Mohammed Shosanya

A National Industrial Court, has ordered the Nigeria Police Force to pay a sum of N20 million to the family of the officer.

It also ordered the payment of N300,000 as litigation cost, against the Police Service Commission, all payable within 30 days of judgement.

A police constable, Emmanuel Gene, of the Ogun State Police Command, Ijebu-Igbo division, was alleged have been kidnapped by hoodlums during an operation in Aba Tuntun in December 2020.

Gene, whose wife was pregnant at the time was never found, leaving the family with no option than to file a case against the police.

The family petitioned the Nigeria Police Force through their counsel, Kehinde Bamiwola,and implored the police authorities to find the missing cop.

In the petition dated September 21, 2021,they requested that the Ogun State Commissioner of Police, the then Area Commander of Ijebu-Ode, AC Abiodun Onuoha and the D.P.O., SP Kazeem Solatan should provide answers to the questions.

When there was no response from the NPF authorities,the family took their case to the National Industrial Court sitting in Ibadan to seek redress.

The suit no. NICN/IB/74/2021, was between Jimoh Gene and Comfort Gene versus the Police Service Commission, the Inspector-General of Police and three others.

In the suit,the claimants told the court that the DPO of Ijebu-Igbo at the time of the incident, Kazeem Solatan, “took the missing PC Emmanuel Gene for land-grabbing operation at Aba-titun, Ijebu-Igbo,” accusing the police of negligence.

In their prayers,the claimants sought that their son be found by the police with the sum of N20 million to be paid to the family of the missing policeman.

But on Thursday,Justice Opeloye Ogunbowale, in his judgment granted the reliefs sought by the plaintiffs, saying he “found the police liable for negligence under the doctrine of vicarious liability and that the police exposed PC Emmanuel Gene to extreme danger.”

The court ordered the NPF to “rescue and produce PC Emmanuel Gene dead or alive” and that “the sum of N20million should be paid to the family with cost of litigation, N300,000.00, within 30 days of the delivery of this judgment.”

Speaking to newsmen in Abeokuta, the counsel, Bamiwola, described the judgment as a landmark one judgment against the police.

He said:“The case is about the disappearance of Police Constable (PC) Emmanuel Gene who got missing during an operation at Ijebu-Igbo in 2020 alleged to be illegal.

“The court in a judgment delivered by Honourable Justice Opeloye A. Ogunbowale found the Police liable for negligence under the doctrine of vicarious liability and that police exposed PC Emmanuel Gene to extreme danger.

“The Police Constable Emmanuel Gene has not been found till date. It was alleged and proved that the DPO of Ijebu-Igbo, one SP Kazeem Solatan took the missing cop for land-grabbing operations at Aba-titun in Ijebu-Igbo and he not been seen since then.

“The reliefs we sought on behalf of the claimants were all granted. The police are to pay rescue and produce Emmanuel dead or alive.

“They are also ordered by the court to pay a sum of N20 million and N300,000 as cost of litigation, all to be paid within 30 days of the delivery of the judgment. This is justice for all”

Mohammed Shosanya

Managing Director of the Nigerian Ports Authority, Mohammed Bello-Koko, and the Attorney General of the Federation and Minister of Justice have been sued at the Federal High Court over allegation of fraud and financial misconduct.

Other defendants in the suit filed by the Plaintiff, Comrade Isah Buta, are the Economic and Financial Crimes Commission, the Chairman Code of Conduct Bureau, and the Comptroller-General, Nigeria Immigration Service.

In the suit marked FHC/KD/CS/78/2023, dated July 18, 2023, Bello-Koko was accused of gross abuse of office, misappropriation of public funds and money laundering while serving as Executive Director, Finance and Administration as well as MD/CEO of the NPA between January 2015 till date.

The plaintiff, through his lawyers, Messrs Lawrence Ijimdiya & Associates, alleged that, “the 1st Defendant (Bello-Koko) abused his offices as Executive Director, Finance and Administration as well as Acting Managing Director of Nigerian Ports Authority (NPA) to massively amass wealth which he deployed to acquire choice properties in the United Kingdom.

The plaintiff wants “A declaration that the 1st Defendant ought to have been arrested and prosecuted by the 3rd Defendant by virtue of its own (3rd Defendant’s) financial profiling and report on the financial misconducts or improprieties of the 1st defendant specifically on his gross abuse of office,misappropriation of public funds,fraud and money laundering contrary to Sections 18 (4) of the Money Laundering (Prevention and Prohibition) Act 2022 and the 7th Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended) while serving as Executive Director, Finance and Administration as well as Managing Director of Nigerian Ports Authority (NPA) between January, 2015 till date.

“An order directing the 3rd Defendant to arrest and prosecute the 1st Defendant based on the financial profiling and report on the financial improprieties of the 1st Defendant particularly as it relates to offences on Abuse of Office, Misappropriation of Public Funds, Fraud and Money Laundering contrary to Sections 18 (4) of the Money Laundering (Prevention and Prohibition) Act 2022 and the 7th Schedule to the 1999 Constitution of the Federal Republic of Nigeria as amended while serving as Executive Director, Finance and Administration as well as Managing Director of Nigerian Ports Authority (NPA) between January, 2015 till date.

“An order directing the 4th Defendant to arrest and prosecute the 1st Defendant in the light of his overwhelming indictment for offences bordering on failure to declare his assets, Abuse of Office as well as abuse of his oath of office in violation of the 7th schedule of the 1999 Constitution of Nigeria as amended.

“An order directing the 5th Defendant to arrest and prosecute the 1st Defendant for the indicted offences bordering on Abuse of Office contrary to the 7th Schedule to the 1999 Constitution of the Federal Republic of Nigeria as amended while serving as Executive Director, Finance and Administration as well as Acting Managing Director of Nigerian Ports Authority (NPA) between January, 2015 till date.

“An order mandating the 6th Defendant to revoke the International Passport of 1st Defendant and restraining him from traveling out of Nigeria to take refuge in either London, Dubai, Canada, United States of America or any other part of the world wheresoever to give room for his speedy arrest and prosecution by the 3rd and 4th defendants for the offences bordering on abuse of office, misappropriation of public funds,fraud and money laundering contrary to Sections 18 (4) of the Money Laundering (Prevention and Prohibition) Act 2022 and the 7th Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended) while serving as Executive Director, Finance and Administration as well as Acting Managing Director of Nigerian Ports Authority (NPA) between January, 2015 date.

The plaintiff is seeking cost in the sum of N200,000,000 (Two Hundred Million Naira) to cover expenses incurred by the Plaintiff for initiating this suit.

“Specifically, the 1st Defendant used two BVI-incorporated shell companies namely; Coulwood Limited (Registration Number: 1487897) and Marney Limited (Registration Number: 1487944) to secretly register a total of 6(six) properties.

“The plaintiff states that based on Punch online newspaper report of 18th October 2021 the EFCC was supposed to investigate the 1st Defendant alongside other top politicians in Nigeria following revelations that he operated foreign accounts which he did not declare to the Code of Conduct Bureau when he served as Director of Finance and Administration before becoming Acting Managing Director of NPA.

“The plaintiff further states that the 1st Defendant may have hidden his ill-gotten wealth in tax havens such as Antigua and Barbuda, Trinidad and Tobago, and the British Isle of Man using the said foreign accounts to evade paying taxes to the Nigerian Government.

“The plaintiff states and shall contend during the trial of this suit that in 2022, an Investigative Report released by the Economic and Financial Crimes Commission (EFCC) indicted Koko for being involved in N829, 000, 000 (Eight Hundred and Twenty-Nine Million Naira) fraud through kickbacks and money laundering activities.

“The EFCC probe report exclusively obtained by Sahara Reporters in April 2022 revealed that the 1st defendant after being investigated was found to have received N829, 000, 000 (Eight Hundred and Twenty-Nine Million Naira) from NPA contractors, and in cash sums from individuals and companies.

“At the time the report was done, the 1st Defendant was the acting Managing Director of the NPA. Following the suspension of Hadiza Bala Usman as the Managing Director of NPA by President Muhammadu Buhari, the Presidency announced the 1st Defendant as her replacement in an acting capacity”

Mohammed Shosanya

Justice Akintayo Aluko of the Federal High Court in Lagos has summoned top officials of the National Drug Law Enforcement Agency (NDLEA) in Lagos on account of a N3.7million bribery allegation by a convict, Mrs. Fatima Hassan.

The judge invited the Lagos State Commander of the Agency, Umar Isa Adoro; the Officer-in-Charge (O/C) of Squad A (Chief Superintendent of Narcotics, CSN) Quatu Mohammed and one ‘Officer Sanni’ to respond to the claim.

Mrs Hassan had alleged that Sanni, who she described as the IPO (Investigative Officer) for her case, extorted N3.7million from her family.

She also alleged that she was kept in the NDLEA’s custody for allegedly unlawfully dealing in Cannabis Sativa, otherwise known as Indian Hemp.

She said Sanni demanded the money under the guise of using same to facilitate her bail for a drug-related offence, but that she was neither granted bail nor was the sum returned to her.

She told the court that the NDLEA declared N2.7million of the sum as proceeds of crime, while it kept back N1million.

The allegations came to fore in the course of Hassan’s prosecution by the NDLEA on charge marked FHC/L/CS/290C/2022 before Justice Aluko.

Hassan was arraigned on a one-count charge of dealing in 33.5 kg of Cannabis Sativa without lawful authority, contrary to and punishable under Section 11(c) of the NDLEA Act.

She,had,however pleaded guilty and was convicted.

In the course of reviewing the facts of the case, prosecution counsel LN. Nor sought to tender eight exhibits, including a monetary sum of N2.5 million in N1000 notes, described as a proceed of crime.

He was opposed by defence counsel O. Ojakovo, who sought the return of N3.7m to the convict’s family.

Ojakovo said: “The monetary exhibit was not recovered from the Defendant. It was the officer of the Agency that told the relations of the Defendant to raise money in the sum of N2.5 million for the Defendant to be released on bail.

“The family members of the Defendant went to borrow the money and are still servicing the loan to date. The money is actually N3.7 million given to the officer and not N2.5 million.

“The officer said it is only N2.5 million he has with him and we said it is ok. The officer is known as Mr. Sanni. It will be unfair, unjust, and inhuman to classify the sum as proceed of crime.We will make the necessary application for the return of the money to the family of the defendant.”

But,Nor insisted that the money was a crime proceed.

He said: “The said sum of N2.5 million is a proceed of dealing in drugs which PW1 9Prosecution witness 1) mentioned in his evidence. By Sections 31, 32, 33, 34 NDLEA Act, the money is subject to seizure. The money was brought to the office of the Agency as part of the proceeds of crime. The money was brought to obstruct the cause of justice which is an offence by section 39 of the NDLEA Act. The money i.e. N2.5 million is a relevant fact to the charge of drug dealing. We urge the court to admit same in evidence.”

He was supported by PW1, who, upon questioning by the court, said “On the 6/6/23, the O/C squad A in the person of Quatu Mohammed (CSN) handed over the money to me as a proceed of crime in connection with the case of the Defendant. That is all I know about the money.”

Justice Aluko also questioned Mrs. Hassan about the money.

“The money is actually N3.7 million. The officer said my family should bring N3.7 million for bail. My family brought the sum of N3.7 million and they did not release me. My family members are in Court,” Hassan answered.

She repeated her claim under cross-examination by the prosecution.

Hassan maintained that it was the officer named Sanni who asked her family to bring the money for her bail.

She added that she made a report an Officer named Hamza Ibrahim at Ikeja where we were kept at the time.”

Hassan’s husband, Bamidele Ogunkoya, corroborated her claim under oath.

He added: “Officer Sanni told the other three officers that the money was N2.5 million. Sanni gave only N2.5 million to the Commander. The Commander said they should go and bring the Defendant from Ikeja to Gbagada. When we got to the Commander, the Commander said he has no power to release the defendant when he read the charge. The name of the Commander is Umar Adoro. He said we should go and that we will meet in court. Since that day if I call Officer Sanni, he would not pick up my call.”

Justice Aluko upheld the prosecution’s argument that the money ought to be admitted as an exhibit.

He added: “Further proceedings shall be conducted on the circumstances surrounding the money and how it got to the custody of the Agency. For now, the money is admissible in evidence.”

The judge sentenced Mrs. Hassan to four years imprisonment on the one count charge with an option of payment of a fine in the sum of N1million.

He said the sentence “shall run from the date of the arrest and detention of the convict. If the convict elects to pay a fine, in addition, the convict is sentenced to perform community service by picking up refuse, sweeping and clearing drainages under Eti-Osa LGA Lagos for a period of one month. She shall perform community service for 1 hour daily for 2 days of each week for 4 weeks. The convict shall produce a guarantor who shall undertake to produce her if she absconds from such service.”

On the money, he added: “In the main time, I order that the monetary exhibit shall be deposited in the Bank by the DCR in an interest-yielding account until further directives.

“I order that the persons mentioned in the course of the proceedings as Quatu Mohammed (CSM) officer Sanni the (IPO) and Umar Isa, Lagos State Commander of the NDLEA ACGN, in charge of Lagos State ‘Command of the Agency shall appear in court at the next date, to explain what they know about the circumstances sum of N2.Sm in this case.

“The case is adjourned to 11/10/2023 for further proceedings on the issue surrounding the alleged monetary exhibits”.

Mohammed Shosanya

Justice Binta Nyako of the Federal High Court sitting in Abuja, on Thursday, ordered the Department of State Service to allow the leader of the Indigenous People of Biafra,IPOB, Nnamdi Kanu, access to a medical doctor of his choice.

The court admitted that Kanu needs urgent ear surgery amidst his reported failing health.

It also ordered that all Kanu’s medical records be made available to the IPOB leader.

Justice Nyako ordered the Department of State Services to monitor, record and seal all medical sessions administered on the IPOB leader, for security purposes.

Nyako had earlier dismissed the preliminary objections filed by the DSS challenging the application before it, on grounds that Kanu has the right to medical services even in detention.

The Incorporated Trustees of Patriotic Youth Organization of Nigeria, has sued the Permanent Secretary of the Ministry of Aviation, Dr Emmanuel Meribole, to court for failure to declare contract details of the Ministry.

The suit marked FHC/ABM/CS/969/2023, dated July 17, 2023, was filed at the Federal High Court Abuja, by Peter Abang, for the group.

The plaintiff is seeking an order granting leave to it to apply for judicial review, to wit: A declaration that the 1st Respondent (Permanent Secretary) has a statutory and public duty to furnish the applicant information and details concerning the 2nd respondent as contained in the applicant’s letter of request dated 23rd
June, 2023.

The applicant is also praying the court for a declaration that the refusal or failure of the 1st Respondent to respond to or comply with the applicant’s request as contained in its letter dated 23 June, 2023 constitutes a refusal or failure of the 1st Respondent’s statutory and or public duty to the Applicant and is therefore unlawful, illegal, abuse of powers, abuse of discretion and ultra vires.

Barrister Abang urged the court to make an order directing and compelling the 1st respondent, either by its staff, officers, privies, servants or otherwise howsoever described to issue, comply with and or make available to the Applicant or his privies or Counsel, information and details of contracts and expenditures as contained in the Applicant’s letter of 23° June, 2023 as well as accept payment of the appropriate fees from the applicant forthwith.

Some of the contract details being requested for, in a letter dated June 23, 2023 include: Airstrip and other Capital Contracts by the Ministry from 2020 till date; list and locations of all Project Vehicles for the above mentioned contracts; list and locations of all Official vehicles the Ministry, including that of the former Permanent Secretary; Contract Executed from Over-head from 2022 December till date; details of approved foreign Programmes for the Permanent Secretary in the Ministry and its agencies from 2022 December till date; Performance Management System Contracts and Expenditures from 2020 till date; any other relevant document in relation to the foregoing.

According to the applicant, following investigation being undertaken by the Applicant into the activities of the 2nd Respondent, spearheaded by the 1st Respondent and his various activities in office, the Applicant has a reasonable suspicion that there has been several lapses and various misconducts by the 1st Respondent, in relation to the discharge of his duties.

Abang said the request made in the letter will enable the Applicant compare the ownership of the assets and properties declared by the 1st Respondent in his Assets Declaration Forms as well as his lifestyle, with any other assets and properties which it suspects to be linked either to the 1st Respondent, his children or even other third parties suspected to be acting for them.

CMusbau Babatunde

An Osun State High Court in Ikire has sentenced Philip Segun of Cherubim and Cherabum Church, Solution Chapel, Ikoyi-Ile for killing Lagos State University final year student, Favour Daley-Oladele.

Justice Christiana Obadina also sentenced her boyfriend, Owolabi Adeeko, 23, to death by hanging for the brutal murder of the final year Sociology student after cajoling her to Ikire from Lagos while his mother, Bola, 46, was convicted for eating human flesh.

Owolabi and Favour had been dating for about a month before he lured her to Ikire under the decoy that she should come visit his uncle while Owolabi, his mother and Prophet Segun had concluded arrangement to use her for money ritual.

Favour was later killed in the church after Owolabi smashed her on the head with a pestle and her organs used for ritual before her remain was buried in a shallow grave outside the church on December 8, 2019.

Few weeks later the body was exhumed by the police after arresting the suspects who confessed to the murder and they were first arraigned before the court in November 15, 2021 on two counts bordering on conspiracy and murder contrary to sections 324 and 319(1) of the Criminal Code Cap. 34 Laws of Osun State, 2002.

The prosecution team from the Ministry of Justice led by Mrs Adekemi Bello,had during trial invited nine witnesses, including the police investigating officer and tendered several exhibits before the court, while the convicts testified in their respective defence without calling any other witness.

In her verdict,Justice Obadina said that prosecuting counsel has proved her case convincingly and found Prophet Philip Segun and Owolabi Adeeko guilty for murder and conspiracy, while Bola Adeeko was convicted for eating human flesh which is against the law of the land.

She sentenced Prophet Philip and Owolabi to death by hanging for murder and 14 years imprisonment for conspiracy.

She judge also sentenced Owolabi’s mother, Bola to two years imprisonment for eating human flesh.