Connect with us

JUDICIARY

Court Stops FG From Deducting State Govts’ Monies Over $418m Paris Club Debt

Published

on

Share

A Federal High Court, Abuja, on Friday, restrained the Federal Government from deducting monies accruing to the 36 states from federation account to settle 418 million dollars judgment debt in relation to Paris Club Refund.

Justice Inyang Ekwo, who gave the order while counsel to the plaintiffs, Jibrin Okutekpa, SAN, moved the ex-parte motion, held that the restraining order subsists pending the determination of the substantive suit.

The 36 states Attorney-Generals are the plaintiffs.


Some of the defendants listed in the suit include the Attorney-General of the Federation (AGF), Accountant General of the Federation and Ministry of Finance.
Others are Central Bank of Nigeria, Debt Management Office, Federation Account Allocation Committee, Incorporated Trustees of Association of Local Government of Nigeria (ALGON), among others.

According to the motion dated and filed Oct. 27, 43 defendants are sued in the matter.

Although four prayers were sought for, Justice Ekwo granted three in the application.
The reliefs sought by Okutekpa include an order of interim injunction, restraining the Federal Government from deducting any money accruing or due to all or any of the 36 states of the federation.
The senior lawyer, who informed the court that the Federal Government had not commenced the deduction of the monies, withdrew the fourth prayer, asking for a refund of the monies deducted.
He hinted that the deduction was expected to begin in November.
He said despite his clients’ protest against such action, the defendants had vowed to go-ahead with the deduction.
He said if allowed, no state would be able to pay workers’ salaries.
Besides, Okutekpa argued that the states were not party to any contract resulting in such debts.
“That is why we ran to your court,” he said.
Justice Ekwo, who granted the first three prayers, adjourned the matter until Nov. 30 for motion on notice.
“Order as prayed except prayer 4 which the court cannot grant,” he said.
He also ordered that all the defendants be served with the processes.

JUDICIARY

Absence of AGF Stalls Arraignment of Alleged killers of Imo Traditional Ruler

Published

on

Share

The absence of the Attorney-General of the Federation, (AGF) in court on Monday, stalled the arraignment of four suspects alleged to have kidnapped and killed the traditional ruler of Amanze-Obowo autonomous community in Imo, Mr Basil Njoku.

When the matter was called, the  four suspects and their counsel were present in court but there was no representation from the office of the AGF who had on the last adjourned date, announced that he was taking over prosecution of the case.

The trial judge, Justice Binta Nyako then shifted hearing in the matter until noon but there was still no representation by the AGF or his representative.

The situation prompted the judge to invite the lawyers of the defendants into her chambers.

She then adjourned the matter until April 30 and ordered that fresh hearing notice be served on the AGF.

The lead counsel to the suspects, Mr Solomon Akuma, SAN had applied that the case be dismissed, but the judge opted to give the AGF another chance to lead a diligent prosecution.

The four suspects are Jude Iheme, Chika Madukwe, Nwokorie  Ejike and Victor Obumneke.

The three counts earlier slammed against them had been increased to five in an amended charge.

On the last adjourned date, the AGF represented by Mr David Kaswe had taken over prosecution of the case from the Inspector- General of Police who initially filed the charge.

Kaswe told the judge that the AGF invoked Section 174 of the 1999 Constitution and Section 105 of the Administration of Criminal Justice Act (ACJA)  to take over trial of the case.

Reports says that Iheme, 52 years old of Amagwu Amanze Obowo Local Government Area of Imo and Madukwe, 42 years old of Ndi-Uche Etiti Omuimo Local government Area also of Imo, were said to have killed the traditional ruler on Dec.17, 2022.

The suspects were accused of killing the monarch while he was coming from the Federal Medical Center, Umuahia, after kidnapping and collecting a ransom of N4 million from his family.

In the charge marked FHC/ABJ/CR/575/2024, Iheme and Madukwe alongside others said to be at large were said to have conspired to commit felony to wit, acts of terrorism contrary to Section 26 of the Terrorism Prevention and Prohibition Act 2022.

The other suspects were  accused  of failing to volunteer information at their disposal to security agencies which could have led to the apprehension of other kidnappers contrary to Section 16 of the same Terrorism Act.

The charge read in part;  “That you Nwokorie  Ejike, 45 years ago and Victor Obumneke, 39 years all of Ehume in Obowo LGA of Imo  between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical  Squad, Abuja during the police investigation of the offence of kidnapping and terrorism of  Eze, Basil Njoku conspired and brought false accusations with intent to cause Nwigwe Williams to be charged with kidnapping and terrorism of Eze Basil Njoku.

“You thereby committed an offence contrary to Section 125 of the Criminal Code Act.

“That you Nwokorie  Ejike, 45 years  and Victor  Obumneke, 39 years all of Ehume in Obowo LGA of Imo  between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical  Squad, Abuja with intent to mislead the police investigators in the case of kidnap and terrorism of Eze Basil Njoku, you gave false information to the investigators that a drunk man informed you that Nwigwe  Williams is responsible for the kidnap and terrorism of Eze Basil Njoku knowing or having reason to know that information you gave to police investigators is false and you thereby committed an offence contrary to section 125 of the Criminal Code Act 2004.

“That you Nwokorie  Ejike, 45 years ago and Victor Obumneke, 39 years all of Ehume in Obowo LGA of Imo  between June to August 2023 at Zone 9 Police Headquarters at Umuahia and Special Tactical  Squad, Abuja during the police investigation of offence of kidnapping and terrorism of Eze, Basil Njoku conspired and brought false accusations with internt to cause Nwigwe Emeka Williams to be charged with kidnapping and terrorism of Eze Basil Njoku, you thereby committed an offence contrary to section 125 of the Criminal Code Act.” (NAN)

Continue Reading

JUDICIARY

Court Adjourns Business Mogul, Ibeto’s Trial Until May 27

Published

on

Share

An Ikeja High Court has adjourned the trial of Chairman of Ibeto Energy Development Company, Chief Cletus Ibeto who was charged by the Economic and Financial Crimes Commission (EFCC) over alleged N4.8 billion fraud, until May 27.

Reports says that Justice Oyindamola Ogala adjourned further hearing in the suit pending the Court of Appeal judgment in an appeal filed by Ibeto on the ruling of by Justice Ismail Ijelu of Ikeja High Court.

The judge had issued bench warrant against the businessman pending arraignment.

Dissatisfied with the ruling, Ibeto filed an appeal through Chief Wole Olanipekun (SAN), challenging the jurisdiction of the high court to hear the matter.

When the case was called on Monday, the Defence Counsel, Mr Adebayo Oshodi prayed the court to withdraw the application for stayed of proceeding pending appeal and the one challenging court jurisdiction which was earlier filed by Mr Onyechi Ikpeazu (SAN).

Oshodi also told court that he had filed notice of preliminary objection dated January 26, challenging the jurisdiction and prayed the court to allow him move the application.

However, the prosecution counsel, Mr Rotimi Jacobs , SAN, opposed the application on the grounds that Ibeto had filed an appeal on same issue before the Lagos Division of Court of Appeal, adding that the appellate was yet to decide on it.

Jacobs cited the provision of section 274 of Administration of Criminal Justice Law (ACJL) 2021 and argued that the court could not entertain the application because the defendant had not submitted himself for trial.

The prosecutor also informed the court that the defendant in his move for out of court settlement, had repaid the commission a total sum of N2 billion in installments.

After listening to the both parties, Ogala ruled that hearing the defendant’s application would amount to nothing because the same issue was currently pending before the appellate court.

She said that it would be to better for the court to await Court of Appeal’s verdict on the matter before taking any further step on on the trial.

“There is nothing stopping me to hear it in a hurry but the defendant is not here.

“The court of appeal will sit on it.

“I will not waste time writing ruling while the case is still pending in Appeal Court and if there is nothing in court of appeal, I would have hear the application,” the judge said.

Reports says that EFCC had filed a 10-count charge of conspiracy, fraud, forgery and fraudulent use of documents against the defendant and he has not appear before the court to take his plea.

Meanwhile, the Court of Appeal has fixed May 7 for hearing of the appeal.

Ogala thereafter adjourned to May 27 and directed that the parties to notify the court on the outcome of appeal court. (NAN)

Continue Reading

JUDICIARY

Court Gives DSS go-ahead to Detain Nigerian Link to ISIS for 60 Days

Published

on

Share

A Federal High Court, Abuja, on Wednesday, granted an interim order sought by the Department of State Service (DSS) to detain Emmanuel Osase, a Nigerian suspected to be a member of the Islamic State in Iraq and Syria (ISIS) for 60 days.

Justice Inyang Ekwo gave the order after counsel for the DSS, A.

A. Ugee, moved the ex-parte motion to the effect.

When the matter was called, Ugee informed the court of the application.

He said the motion ex-parte marked: FHC/ABJ/CS/409/2024 was brought pursuant to Section 66(1) of the Terrorism (Prevention and Prohibition) Act, 2022.

He prayed the court for an order enabling the security outfit to detain Osase for 60 days pending the conclusion of the investigation.

Justice Ekwo, who granted the application, adjourned until June 3 for report

Reports says that Osase, who was arrested on March 11, was accused of propagating the messages of the terrorist group, opposing democratic system of government in Nigeria and calling for terrorists attacks on Nigeria and it symbols of sovereignty.

In affidavit dated March 27 and deposed to by Ahmad Abubakar, a DSS operative, attached to the Legal Service Department, National Headquarters, Abuja, he averred that the release of the suspect could jeopardise investigation.

He said that Osase was arrested by a team of DSS “for alleged membership and propagation of Islamic State in Iraq and Syria (ISIS) terrorist messages, including opposition to Democratic System of Government and the call for staging terrorists attacks against Nigeria State and its symbols of sovereignty;”

Abubakar stated that Osase was jailed five years for terrorism-related offences in France and was deported after the completion of his sentence.

He said that from the service’s preliminary investigation, Osase, who is an ex-convict, still engaged in terrorist activities which previously led to his conviction in France.

He said Osase appeared not to have renounced his terrorist ideologies, “as he continues to engage with the proscribed pro-ISIS online media group known as al-Alawn Media Foundation, whose main objectives is the creation and dissemination of terrorist content and the promotion of terrorist attacks against democratic systems of government such as Nigeria and the western governments, including their interests across the globe.”

He said the suspect, who was born in the Federal Capital Territory, “left Nigeria for France and never returned to Nigeria until his deportation after completion of five years jail term for acts of terrorism and attempt to join the Islamic State (IS) linked terrorist group, Friqat Al-Ghuraba (Group of Foreigners) in Syria.”

Abubakar said his activities constituted a potent threat to national security and corporate existence of Nigeria.

He said there was need for a thorough investigation of the suspect to ensure that he did not pose any security threat to Nigeria or the world at large.

According to him, the respondent is helping with vital Information that will lead to the arrest of other members who are still at large.

He said it would be in the interest of justice and national security to grant the application.(NAN)

Continue Reading

Read Our ePaper

Top Stories

NEWS5 mins ago

Hold Alia Chief of Staff Responsible for TTC peace deal Failurein Benue -Tiv Group

ShareFrom Attah Ede, Makurdi A group of Tiv youths under the auspices of the Tiv Youth Patriotic Front, TYPF, on...

POLITICS13 mins ago

Enugu Assembly Screens, Confirms ENSIEC Chairman, Commissioner Nominees

ShareFrom Sylvia Udegbunam, Enugu Enugu State House of Assembly members on Monday screened and confirmed the Chairman designate for the...

NEWS18 mins ago

Ogun Gov Swears-in Journalist as Head of Service

ShareFrom Kunle Idowu, Abeokuta The Ogun State Chapter of the Nigeria Union Of Journalists,NUJ was yesterday thrown into jubilation when...

NEWS29 mins ago

Enugu Govt Warns Water Tanker Drivers over Failure to Colour-Coat daily

ShareFrom Sylvia Udegbunam, EnuguThe Enugu State government has issued the last warning to tanker drivers operating across the state over...

NEWS33 mins ago

Kogi Unveils Online Registration for Students’ Bursary Award 2024

ShareFrom Joseph Amedu, LokojaThe Kogi State Government has begun online registration for student indigens in tertiary institutions across the country...

COVER36 mins ago

Nigeria, Major Global Trafficking Hub for Wildlife- Benue Rep

ShareBy Ubong Ukpong, AbujaVice Chairman of the House Committee on Environment in the House of Representatives, Rep Terseer Ugbor (APC,...

COVER40 mins ago

Sack Underperforming Appointees, El-Rufai Urges Tinubu

ShareBy Lubem Myaornyi, Abuja Former governor of Kaduna State Nasir El-Rufai yesterday urged President Bola Tinubu to sack appointees who...

NEWS13 hours ago

Kano APC Suspends National Chairman, Ganduje Over Alleged Corruption

ShareThe National Chairman of the ruling All Progressives Congress (APC), Dr Abdullahi Umar Ganduje has been suspended as a member...

DEFENCE14 hours ago

NSA Receives 22 Rescued Zamfara Varsity Students, Staff

Share The National Security Adviser (NSA), Malam Nuhu Ribadu, on Monday received 22 abducted students and staff of Federal University,...

NEWS14 hours ago

Q1:PTML Customs Rakes N66.9b, Surpasses 2023 Revenue

ShareThe Port Terminal Multiservices Ltd. (PTML) Command of Nigeria Customs Service (NCS) has recorded N66.9 billion revenue in the first...

Copyright © 2021 Daily Asset Limited | Powered by ObajeSoft Inc