JUDICIARY
Court to Deliver Judgment in Nnamdi Kanu’s Suit Against DSS

A Federal High Court, Abuja has fixed July 20 for judgment in a suit filed by Nnamdi Kanu, Leader of the proscribed Indigenous People of Biafra (IPOB), against the Department of State Services (DSS) seeking an order to allow him unhindered access to his medical doctor.
Justice Binta Nyako fixed the date after Kanu’s counsel, Chief Mike Ozekhome, SAN, and lawyer to the DSS, A.
M. Danlami, adopted their processes and presented their arguments for and against the suit.Kanu, through his team of lawyers led by Ozekhome, had sued the DSS and its Director General as 1st and 2nd respondents in the matter.
Kanu, in the suit marked FHC/ABJ/CS/ 2341/2022, prayed the court for permission to apply for an order of mandamus to compel the DSS to allow him have unhindered access to his medical doctor, among others.
The court had, on Feb. 1, granted Kanu, the permission to apply for an order of mandamus he sought after an ex-parte motion moved by Ozekhome to the effect.
But in a preliminary objection filed by the DSS, the security outfit urged the court to dismiss the suit for want of jurisdiction.
It argued that there was a subsisting judgement of a sister court delivered by Justice Taiwo Taiwo (rtd.) on June 3, 2022 in suit number: FHC/ABJ/CS/1585/2021 between Kanu and DG of DSS and two others wherein the court dealt substantially with the issue of allowing the IPOB leader access to his personal physician.
It said the instant suit was similar to the earlier one and that Kanu had filed an appeal against the judgment.
Upon resumed hearing, Ozekhome told the court that the motion dated Feb. 2, was served on the respondents Feb. 3, seeking for an order of mandamus against the respondents to allow the IPOB leader unfettered access to his doctor in accordance with the earlier order of Justice Nyako, which he alleged had been flouted by the DSS.
The senior lawyer argued that the act was against Section 7 of the Anti-Torture Act.
He said 10 exhibits were attached to the affidavit and two of the exhibits detailed Kanu’s medical report before he was renditioned on June 27, 2021 and medical report of his present health status.
He said their application was that an independent doctor should be allowed to attend to him in the presence of the security operatives.
He further argued that a defendant, based on the provisions of the law, should stand his trial and not to be on wheelchair while being prosecuted.
“We asked if we could see his medical report and they are refusing and if he dies, this will cause national commotion,” he said.
Ozekhome, who said that a further affidavit was also filed in the suit, said two exhibits were attached to it.
According to him one of the exhibits is a certified true copy of the judgment of a Federal High Court, Umuahia.
“In the judgment, the court awarded the sum of N500 million damages against the respondents for illegal rendition of the defendant from Keyan to Nigeria,” he added.
Besides, he said a Court of Appeal sitting in Abuja had exonerated him in a judgment when it dismissed the remaining seven counts after Justice Nyako struck out eight counts from the 15-count charge earlier preferred against him
“What we they lose to allow an independent doctor to examine him in their presence,” he said.
“We rely on all the processes to humbly request you to grant our omnibus prayers,” he said.
He dismissed allegations that Kanu jumped bail on April 25, 2017 after the court granted him bail.
The lawyer, who argued that Kanu, rather, escaped a military invasion at his residence, said as soon as he got to Israel, he deposed to an affidavit to the effect.
Contrary to the DSS’ argument that the matter was similar to the earlier one decided by retired Justice Taiwo, Ozekhome argued that the claims, the subject matters and the parties in the two matters were different.
“We filed a counter of five paragraphs. In the instant case, there are two respondents, but in the suit they referred to, there were three respondents.
“So on the issue of parties, they failed.
“On subject matter, this suit is seeking an order of judicial review by way of mandamus but in the other suit, it was filed for the enforcement of his fundamental rights and not judicial reviews.
“The former suit sought 11 reliefs but ours has two reliefs,” he said.
He argued that the law allowed that an aggrieved party could filed more than one case where facts of his case disclose multiple cause of actions.
On his part, Danlami urged the court to dismiss Kanu’s plea for lack of jurisdiction.
The lawyer said in their counter affidavit with four exhibits, one of the exhibit showed that Kanu was physically and clinically sound.
“We urge my lord to dismiss this suit in the interest of justice and national interest,” he said.
The judge adjourned the matter until July 20 for judgment.(NAN)
JUDICIARY
Alleged breach of Act: MTN CEO, Others Are Evading Service, FCCPC Tells Court

The Federal Competition and Consumer Protection Commission (FCCPC) has told the Federal High Court in Abuja that Mr Karl Toriola, the Managing Director and Chief Executive Officer (MD/CEO) of MTN Nigeria Communications Plc, and others were evading service of court documents on them.
FCCPC, through its lawyer, Nsitem Chizenum, told Justice Hauwa Yilwa upon resumed hearing of the matter on Wednesday.
FCCPC had, in the charge marked: FHC/ABJ/CR/354/2024, dragged the MTN Nigeria Communications Plc; Toriola; Tobechukwu Okigbo, MTN’s Chief Corporate Services and Sustainability Officer, and Ikenna Ikeme, General Manager, Regulatory Affairs of MTN, to court as 1st to 4th defendants respectively.
They were preferred with two counts in the charge, dated July 19, 2024, and filed July 22, 2024 by a team of lawyers led by Akoji Achimugu.
The defendants would be arraigned over alleged failure to produce documents and information required by the commission in compliance with a lawful summons contrary to the FCCPC Act.
The matter was fixed for May 28 for the defendants to take their plea.
When the matter was called on Wednesday, none of the defendants was in court.
The lawyer who appeared for FCCPC, Chizenum, told the judge that it was obvious that the defendants were not in court.
He said on the last adjourned date, the court hinted that it was the duty of the prosecution to bring the defendants to court, hence, efforts were made to produce them in court today.
“We have made several efforts and we equally used the bailiff of this court to serve them but it seems they were evading service my lord,” he said.
The lawyer also told the court that the Nigeria Police Force (NPF) had been involved and that their application was being processed by the NPF with a view to produce the defendants in court.
“In the circumstance, we ask for an adjournment to enable us bring the defendants for arraignment my lord,” he said.
Justice Yilwa subsequently adjourned the until Sept. 25 for arraignment.
In count one, the MTN Nigeria Communications PLC, Toriola, Okigbo and Ikeme were alleged to have on or about June 18, 2024 did without sufficient cause failed to produce documents and or information which they were required to produce, “in compliance with a lawful Summons and Request to Produce dated May 17, 2024.”
The commission alleged that the compliance with same summon was further extended by a letter dated June 5, 2024 and they thereby committed an offence contrary to and punishable under Section 33 (3) of the Federal Competition and Consumer Protection Act, 2018.
In count two, the defendants were alleged to have “on or about June 18, 2024, in furtherance, and continuation of extant refusal to produce documents and supply information required by the commission under statutory notice and demand, did impede and obstruct the FCCPC’s ongoing limited initial inquiry and possible prospective investigation by refusing to produce and supply documents and or information” requested.
The offence is said to be contrary to Section 111 (1) of the FCCP Act, 2018, and punishable under Section 111 (2) of the same act.
The Nigerian Copyright Commission (NCC) had, in another matter, filed charge against MTN Nigeria Communications Ltd; its CEO, Toriola; MTN Senior Executive Officer, Nkeakam Abhulimen; Fun Mobile Ltd, a telecommunications service provider; and Yahaya Maibe, its CEO.
The NCC, in the three-count charge marked: FHC/ABJ/CR/111/2024 presently before Justice Inyang Ekwo of a sister court, filed it on March 20, 2024.
The prosecution had alleged that the defendants, between 2010 and 2017, “offered for sale, sold and traded for business, infringed musical works of Maleke Moye, an artiste, without his consent and authorisation.”
The commission alleged that the defendants used Maleke’s musical works and sound recordings with subsisting copyright, known as “caller ring back tunes” without the authorization of the artiste, among others.
The copyright commission said the alleged offence is punishable under Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
Justice Ekwo had, on Feb. 25, adjourned the matter until May 15 for report, following the Attorney-General of the Federation (AGF)’s interest to take over the case.
However, the matter could not proceed on May 15 because the court did not sit.(NAN)
CRIME
Travel Agent Jailed 4 Years Over N6.2m Visa Fraud

A Kaduna Magistrates’ Court on Wednesday sentenced a 39-year-old travel agent, Adebayo Oyeronke, to four years imprisonment over a N6.2 million visa fraud.
Oyeronke had pleaded guilty to the charges of fraud and theft.
Delivering judgment, Magistrate Ibrahim Emmanuel, held that Oyeronke was guilty of defrauding Rita Francis and four others of the sum of N6.
2 million.Emmanuel who did not give the convict an option of fine, ordered him to pay N2 million each as compensation to the victims.
The magistrate also ordered him to undertake an affidavit of good conduct, pledging never to engage in any criminal or corrupt activities again.
Earlier, the prosecution Insp.
Chidi Leo told the court that the convict committed the offences between December 2024 and April 2025 at Barnawa Kaduna.Leo said that the defendant collected N6.2 million from the complainants; Rita Francis, Mohammed Sadiq, Christian Baba, Williams Abiodun and Nathan Victor, with a promise to get them Polish visa.
He said after the convict collected the money, he absconded to an unknown destination until he was arrested on May 15.
The prosecutor said the offences contravened the Penal Code of Kaduna State, 2017. (NAN)
CRIME
Woman, 31, Docked Over Alleged Theft of iPhone Worth N500,000

A 31-year-old woman, Opeyemi Bakare, on Tuesday appeared before an Iyaganku Chief Magistrates’ Court for allegedly stealing an iPhone valued at N500,000.
Bakare, of undisclosed address, was charged with two counts of conspiracy and stealing .
The prosecutor, Insp Iyabo Oladoyin, told the court that the defendant and others at large conspired and committed the offences on May 2 at 3.
30 p. m. in the Dugbe area of Ibadan.According to Oladoyin, the defendant stole an iPhone 12 valued at N505,000, belonging to the complainant, Mr Oluseyi Oba.
The prosecutor said the phone was stolen in Dugbe Market and was tracked to the defendant.
She said the offences contravened Sections 390 (9) and 516 of the Criminal Code, Laws of Oyo State, 2000.
The defendant pleaded not guilty to the charge.
The Magistrate, Mrs T.G. Daodu, admitted the defendant to bail in the sum of one million naira with two sureties in like sum.
Daodu thereafter adjourned the case until July 8 for hearing. (NAN)
A 31-year-old woman, Opeyemi Bakare, on Tuesday appeared before an Iyaganku Chief Magistrates’ Court for allegedly stealing an iPhone valued at N500,000.
Bakare, of undisclosed address, was charged with two counts of conspiracy and stealing .
The prosecutor, Insp Iyabo Oladoyin, told the court that the defendant and others at large conspired and committed the offences on May 2 at 3.30 p.m. in the Dugbe area of Ibadan.
According to Oladoyin, the defendant stole an iPhone 12 valued at N505,000, belonging to the complainant, Mr Oluseyi Oba.
The prosecutor said the phone was stolen in Dugbe Market and was tracked to the defendant.
She said the offences contravened Sections 390 (9) and 516 of the Criminal Code, Laws of Oyo State, 2000.
The defendant pleaded not guilty to the charge.
The Magistrate, Mrs T.G. Daodu, admitted the defendant to bail in the sum of one million naira with two sureties in like sum.
Daodu thereafter adjourned the case until July 8 for hearing. (NAN)
Pingback: DSS, NCoS Clash: DSS has Initiated Investigations, says Spokesperson Daily Asset Online