By Taiye Agbaje
The Miyetti Allah Kautal Hore Social-cultural Association, has approched the Court of Appeal in its bid to upturn the Federal High Court Judgment which refused its challenge of the Anti-open grazing law being implemneted bythe Benue state governemnt.
The Federal High Court sitting in Abuja had on July 4, presided by Justice Okon Abang declined to stop implementation of the law enacted by the Benue State House of Assembly in 2017.
In dismissing the Suite however, Justice Abang awarded N100,000 cost in favour of each of the 14 defendants in the case and ordered that the fines be paid before the plaintiffs could appeal agaisnt the judgment.
The appellants in the case include the Fulani group, Alhaji Abdullahi Bodojo and Mr Saleh Alhassan, while the respondents are National Assembly, Attorney General of the Federation, Inspector General of Police, Benue State House of Assembly and the Benue government, among others.
In the notice of appeal filed on July 30, the plaintiffs sought from the Court of Appeal ”an order allowing the appeal and an order setting aside the lower court’s judgment and ordering a re-hearing of the matter before another judge of the lower court.”
They raised 10 grounds of appeal.
The appellants argued that the lower court was in error in holding that they had no valid originating summons even when they filed an amended one.
”The appellants filed an irregular and voidable amended originating summons on the May 31 without payment of the default tees.
”Yet the lower court held that the originating summons is invalid and a nullity.
”It is trite law that a mistake of counsel cannot be visited on the litigant especial when it is pardonable and the irregular amended process filed on the May 31 is before the court and the lower court have the duty to ensure that the suit of the appellants is heard on the merit.
”The lower court ought not to shut out a litigant by dismissing his claim when the process of court is amended in error without seeking extension of time to amend same.
”More so all the respondents have filed their various counter affidavits against the originating summons.
”The failure to pay the default fees or filing fees for the amended originating summons filed on May 31 only made it at worst a voidable and not void or a nullity.
”The lower court can order the payment of the default fees pursuant to the relevant Rules of the lower court,” they said.
According to them, the under assessment or failure of payment of default filing fees cannot be a basis of punishing the litigant with an order of dismissal of the suit.
“The non-compliance with order 17 rule six of the lower court civil procedure Rules have nothing to do with the jurisdiction of the lower court.
”The low court determined the substantive suit at the interlocutory stage of the suit by holding that the 4th defendant IawfuIIy enacted the Grazing Prohibition ad Ranches Establishment Law 2017 ad further held that the law was duly assented to by the Governor of the Benue in a ruling tagged as judgment,” they said. (NAN)
Court Jails Fraudster 235 Years for N525m Fraud
By Gom Mirian, Abuja
Justice Agatha Okeke of the Federal High Court, Uyo has convicted and sentenced a notorious international fraudster, Scales Olatunji, to 235years imprisonment for internet fraud and money laundering.
Olatunji was arraigned on July 2, 2019 on 45-count charges bordering on identity theft, money laundering and conspiracy.
He pleaded “not guilty” to the charges, thus setting the stage for his trial.
One of the counts reads: “That you, Scales Olatunji Ishola “M”, Meraiyebu Charles “M”(at large), Gabriel Adeyemi Olugbenga “M”(at large), Ojomo Oluwatobi Ayodele “M”(at large) and Adekola Oluwatoyin “M”(at large), between January 2017 to October 2018, in Nigeria, within the jurisdiction of this honourable court conspired among yourselves to convert the total sum of N525,172,580. 00 (Five Hundred and Twenty Five Million, One Hundred and Seventy-two Thousand, Five Hundred and Eighty Naira) only, which sum you reasonably ought to have known forms part of proceeds of unlawful activities to wit: fraud (Business E-mail Compromise and Identity Theft), and thereby committed an offence contrary to Section 18 (a) of the Money Laundering (Prohibition) Act 2011 (as amended) and punishable under Section 15 (3) of the same Act”
Another count reads: “That you, Scales Olatunji Ishola “M” on or about the 15th day of May 2018, in Nigeria, within the jurisdiction of this Honourable Court with intent to defraud did send electronic messages (email) using firstname.lastname@example.org to one Monica Goulmoen of the Charity Association for providing girls and boys in Kobane with a football pitch, while impersonating a certain Per Ravn Omdal, a former Norwegian Football Association President, demanding the sum of €64,000.00 (Sixty-Four Thousand Euros) to be transferred to you via IBAN GB74HBUK40062132722119 which was paid and you thereby committed an offence contrary to Section 22 (3)(b) of the Cybercrimes (Prohibition, Prevention, etc) Act 2015 and punishable under Section 22 (4) of the same Act”.
EFCC counsel, Nwandu Ukoha opened the case on November 7, 2019 and subsequently tendered 35 exhibits through four prosecution witnesses, which were all admitted in evidence against the defendant.
Delivering judgment on Monday, June 27, 2022, Justice Okeke convicted Olatunji on all the 45- counts preferred against him by the EFCC. He sentenced Olatunji to seven years imprisonment on counts one to five, and five years imprisonment on counts six to 45. The sentence, shall, however, run concurrently with effect from the date of arrest.
The court also ordered that the money in the convict’s account be forfeited to Norwegian citizens through the EFCC. Also, his properties: House No. 6, located on Road 2 West-end Estate, Ikota, Lekki, Lagos State and House No. 10, Donatus Odum Street, Ikate, Lagos State are to be sold by the EFCC and the proceeds restituted to the Norwegian victims.
The convict’s journey to the Correctional Centre started when operatives of the EFCC arrested him on March 20, 2019at his Ikota , Lekki’s residence based on a petition from the Oslo Police District in Norway, requesting the assistance of the EFCC in investigating a network of Nigerians that had defrauded Norwegian citizens for years.
Investigations revealed that the convict belonged to a syndicate of internet fraudsters who specialized in Business Email Compromise-BEC.
Justice Ariwoola Becomes Third CJN in 7 Years
By Eze Okechukwu and Mathew Dadiya Abuja
President Muhammad Buhari yesterday at the Council Chambers of the State House, Abuja swore in Justice Olukayode Ariwoola as the acting Chief Justice of Nigeria, to replace Bauchi-born Justice Tanko Mohammad who resigned from the position early yesterday on health grounds.
By the swearing in Chief Justice Ariwoola, who hails from Iseyin District of Oyo State becomes the third CJN in the seven years of President Buhari administration cumulatively in both in acting and substantive capacities.
Justice Ariwoola, born on August 22,1958 started out at the Local Authority Demonstration School, Oluwole in Iseyin Local Government Area of Oyo State between 1959 – 67. Afterwards, he proceeded to the Muslim Modern School in Iseyin between 1968-69, before going to Ansar – Ud – Deen High School, Saki in Oyo North District of Oyo State.
He studied Law at the then University of Ife, now Obafemi Awolowo University, Ile Ife, Osun State where he bagged his bachelor of law’s degree with honours in July 1980. In July 1981, Ariwoola was called to the Nigeria Bar and he got enrolled at the Supreme Court of Nigeria as a Solicitor and Advocate soon after. The jurist served as a Justice of the Court of Appeal between 2005 -2011 in Kaduna, Enugu and Lagos divisions within the period. He was also a judge of the High Court of Oyo State, a position he was appointed to in 1992 from private legal practice.
Justice Ariwoola was the next most senior among the Supreme Court justices after the voluntarily retiring Justice Mohammad. Observers had watched out if the administration of President Buhari would flout orderly procedure in the appointment of Justice Mohammad’s replacement.
Former senator representing Kaduna Central Senatorial District, Senator Shehu Sani had urged the government not to cut corners “in order to find a person who will fit into the political, sectional, religious or ethnic peg of the ruling establishment” but rather do the needful by following the established order for such appointments by the Apex Court.
Though the resignation of Justice Mohammad has been put down to Ill health, it’s in the public glare that crisis of monumental proportion has bedeviled the Supreme Court for a while now, leading to an allegation of corruption by 14 Justices of the Supreme Court against him. The allegations, which the justices conveyed in writing to Justice Mohammad captured non replacement of run down vehicles, accomodation challenges, epileptic power supply to the Supreme Court, lack of drugs at the Supreme Court clinic, increase in the electricity tariff, non- increase in the allowance for diesel, lack of internet services to residences and chambers.
But in a swift response to the allegations, Justice Mohammad through his media aide, Mr. Ahuraka Isah berated the fueding justices for taking the issue to the public realm; an action he likened to “dancing naked in the market square”. His spokesman would later advise the public that there’s no hostility or ill feelings among the justices of the Apex Court, adding that Justice Mohammad had held a meeting with the aggrieved justices to assuage their grievances.
Meanwhile, prior to the climax of the feud, Justice Ejembi Eko who retired from the Supreme Court on May 23,2022 had called on the Independent Corrupt Practices and other Related Offences Commission, ICPC and other investigative agencies in the country to probe and expose what he described as internal fraud in the management of the budgetary resources of the judiciary.
” The vandalization of the judiciary budget, despite increase of the budgetary allocation calls for investigations by the ICPC and other investigatory sgencies, “he said.
Similarly, Justice Walter Onnoghen who was forced out out of office by the President Buhari administration in 2019 and replaced with Justice Mohammad had at a book launch on June 16,2022 warned that the Supreme Court was gradually turning to “a glorified High Court”, owing to the ill treatment of the justices.
DAILY ASSET recalls that in a bid to restore calm and order at the Supreme Court,both the Body of Benchers and the Nigeria Senate, through the Committee on Judiciary, Human Rights and Legal Matters,as mandated by the Senate President, Ahmed Lawan waded into the crisis “to as a matter of urgency intervene and bring normalcy to the troubled Apex Court.
CJN Tanko Mohammed Resigns￼
Mohammed resigned in a letter to President Muhammadu Buhari.
Buhari swore in Mohammed as the acting CJN in January 2019 following the suspension and later sack of former CJN Walter Onnoghen.
CJN’s Special Assistant on Media, Isah Ahuraka, confirmed his resignation to the News Agency of Nigeria.
Justice Olukayode Ariwoola is the next most senior judge to Justice Mohammed following Justice Mary Odili retired on May 12 after attaining the retirement age of 70.
Mohammed’s resignation comes amid the corruption allegations leveled against him by some Supreme Court judges.
Fourteen Supreme Court judges in a protest memo accused Mohammed of not giving justices their legitimate entitlements.
The justices said their annual foreign training, meant to enhance capacity building for the country’s judicial process, had been blocked by Muhammad.
The main issues put forward by the justices in their letter through a welfare committee were; non-replacement of poor vehicles; accommodation problem; lack of drugs at the Supreme Court clinic; epileptic electricity supply to the Supreme Court; increase in electricity tariff; no increase in the allowances for diesel; lack of internet services to residences and chambers.
In response, Mohammed told the judges that the Supreme Court was cash-strapped and cannot grant their requests.
CJN noted that the Supreme Court, like any other establishment in the country, has been hit by a devastating economic crunch.
As a result, he said the leadership of the court under him could no longer meet some of its obligations to Justices, especially in the area of welfare.
He, however, said that the memo sent to him by the aggrieved Justices, notwithstanding, there is no rift between him and Justices of the apex court.
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