Connect with us

JUDICIARY

Direct Deductions: Rivers, Victorious in Court Against FG

Published

on

Share

By Joseph Amah, Abuja

A Federal High Court in Abuja yesterday stopped the Federal Government from further making deductions from the Federation Account to fund its own agencies not listed in the 1999 constitution for direct allocation.
The court declared as illegal, unlawful and unconstitutional the direct allocations made so far by the government from the Federation Account to fund the Nigeria Police Trust Fund.


The Rivers State Government had earlier instituted a suit to challenge the unlawful deductions from the Federation Account by the Federal Government.


Delivering Judgment in the suit, Justice Ahmed Mohammed held that Section 161 and Section 162 of the 1999 constitution were glaringly breached by the Federal Government in making direct allocation to the Police Trust Fund from the Federation Account.


The judge specifically held that Section 162 of the 1999 constitution is clear and unambiguous to the effect that only the federal, states and local governments shall be allocated funds directly from the Federation Account.


The court also held that Section 4 of the Nigeria Police Trust Fund Act 2019 relied upon by the government to justify the unlawful deductions from the Federation Account is inconsistent with Section 162 of the 1999 constitution which recognizes only the federal, states and LGs.
Justice Mohammed while upholding that the suit of Rivers State against the unjust deduction had succeeded, ordered that the fund belonging to Rivers but used to fund Nigeria Police Trust fund by the Federal Government be refunded to the state.


The judge, however, declined to extend similar order of refund to the 35 remaining states on the ground that they were not parties in the suit and that Rivers State as the plaintiff in the matter did not file it on behalf of others.
The court upheld all arguments of a former President of the Nigerian Bar Association, Joseph Daudu (SAN), who stood for Rivers State that where the provisions of the 1999 constitution are clear and unambiguous, they must be given their ordinary meanings.


Justice Mohammed also agreed with Daudu that the Federal government was completely wrong in the interpretation given to Section 4 of the Nigeria Police Trust Fund Act to the effect that the Nigerian Police was established for the Federal Government alone and as such the funding was solely on the shoulders of the Federal Government.


The Rivers State government had in a suit marked FHC/ABJ/CS/511/2020 and instituted on its behalf by Daudu challenged the decision of the Federal Government allocating funds directly from the Federation Account to fund some of its agencies claiming that the decision violated Section 162 of the 1999 constitution.


The Rivers State government had also claimed that by the Federal Government’s unlawful action, it has deprived it substantial revenue from the Federation Account and therefore prayed the court to nullify unlawful fund allocation from the Federation Account.
The plaintiff also claimed that the levies imposed on companies operating in Nigeria by the Federal Government to be paid directly to the Nigeria Police Force Trust Fund instead of the Federation Account were also illegal, unlawful and unconstitutional because it has also deprived it of substantial revenue accruable to the state as taxes.


The judge agreed with the plaintiff that under the relevant laws, such levies are supposed to be paid directly to the Federation Account and not to any federal government agencies.
Justice Mohammed said, “I have carefully perused the issues raised by the plaintiff and I agree that no other person or entity is permitted to benefit direct fund allocation from the Federation Account.


“Section 4 of the Nigeria Police Trust Fund Act 2019 relied upon by the defendant to make direct fund allocation from the Federation Account is untenable as it runs contrary to Section 162 (3) of the 1999 Constitution which expressly stated that the Federal Government, state governments and LGs shall derive direct fund allocation from the Federation Account”.
The Attorney-General of the Federation and Minister of Justice, Accountant-General of the Federation, Revenue Mobilization Allocation and Fiscal Commission and Minister of Finance had been listed as defendants in the suit.


However, only the Attorney General of the Federation filed processes to defend the Federal Government action.
The AGF had in his preliminary objection asked the Federal High Court to decline jurisdiction in the matter on the ground that such suit ought to be filed directly at the Supreme Court.
However, the preliminary objection was dismissed by Justice Mohammed on the ground that it was misplaced, absurd and lacking merit.

JUDICIARY

Alleged breach of Act: MTN CEO, Others Are Evading Service, FCCPC Tells Court 

Published

on

Share

 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)

Continue Reading

CRIME

Travel Agent Jailed 4 Years Over N6.2m Visa Fraud

Published

on

Share

 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)

Continue Reading

CRIME

Woman, 31, Docked Over Alleged Theft of iPhone Worth N500,000

Published

on

Share

 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)

Continue Reading

Read Our ePaper

Top Stories

Environment3 hours ago

Billboard accident: Abia Govt. to Offset Victims’ Hospital Bills – ABSAA Official

ShareAbia Government says it will offset the hospital bills of the Aba Billboard accident victims.Mrs Victoria Onwubiko, Managing Director, Abia...

General News3 hours ago

Okpebholo Applauds Tinubu at two-year Mark

ShareGov. Monday Okpebholo of Edo has extended heartfelt commendations to President Bola Tinubu as he marks his second anniversary in...

General News3 hours ago

First Lady Donates 7 Vehicles to YOWICAN

Share The First Lady, Sen. Oluremi Tinubu on behalf of her organisation, Renewed Hope Initiative (RHI) has presented seven new 18-seater...

Foreign News4 hours ago

U.S Will Start Revoking Visas for Chinese Students

ShareThe United States says it will begin revoking visas of Chinese students and tighten screening for future applicants from China...

FEATURES4 hours ago

We Have Made Undeniable Progress: President Bola Tinubu’s Second Anniversary Speech

ShareFellow Nigerians, as we mark the second anniversary of our administration, I salute your resilience and undaunted spirit. Two years...

Education5 hours ago

How female Medicine Degree Holder Abandoned Certificate for Carpentry- Bugaje

ShareThe Executive Secretary, National Board for Technical Education (NBTE), Prof. Idris Bugaje has expressed the need to promote inclusivity, especially...

Education5 hours ago

WAEC Apologies for Conducting English Exam Late, Cites Leakage  Prevention

ShareThe West African Examinations Council (WAEC) has apologized for delay in conducting  English Language Paper 2 in the ongoing 2025...

Health5 hours ago

UNICEF Promotes Menstrual Hygiene for Girls

Share The United Nations Children’s Fund (UNICEF) has encouraged girls to embrace menstruation with pride and confidence, recognizing themselves as vital...

Uncategorized6 hours ago

Tinubu Repositioning Nigeria for Sustainable Growth – Gov. Yahaya

Share Gov. Yahaya of Gombe State has lauded President Bola Tinubu for the implementation of viable social and economic reforms...

Foreign News7 hours ago

4 killed in South Korean Navy plane crash

ShareA South Korean Navy patrol plane with four people on board crashed on a mountain in Pohang, a city in...

Copyright © 2021 Daily Asset Limited | Powered by ObajeSoft Inc