By Taiye Agbaje

A Federal High Court, Abuja, has fixed March 21 for the hearing of motion for committal to prison against Dr Musa Aliyu, SAN, the newly appointed Chairman, Independent Corrupt Practices and Other Related Offences Commission (ICPC).

Justice Bolaji Olajuwon adjourned the matter because counsel for the applicants, Faruk Khamagam, and the ICPC’s lawyer, David Agwu, stepped out of the courtroom when the matter was called.

However, shortly after some other cases had be heard, Khamagam called the attention of the court to their matter.

The lawyer, who apologised for not being around when their suit was called, said he was before a sister court, presided over by Justice Rita Ofili-Ajumogobia.

He said since their matter before Justice Olajuwon was second to the last on the cause list, he made arrangement with Agwu to inform him when it was getting to their turn.

“But incidentally, he (Agwu) went out to ease himself too when the matter was called,” he said.

He told the court that the ICPC had just served on him their preliminary objection and a counter affidavit and that they planned to respond.

The commission’s lawyer, on his part, said the applicants had not even served them with the motion for committal.
According to him, we got wind of it surreptitiously through the media.

Khamagam, who responded that the motion was served on the commission, said the court record would speak for itself through the proof of service.

Justice Olajuwon then directed parties to ensure they serve one another necessary applications against the next adjourned date.

The News Agency of Nigeria (NAN) reports that the applicants, Nkrah Marine Limited and Eno Jonah Williams, the CEO of the company (judgment creditors), had filed the motion for committal marked: FHC/ABJ/CS/1347/2021.

In the motion dated Nov 1, 2023 and filed Nov. 2, 2023, ICPC, First City Monument Bank (FCMB) Limited and Zenith Bank Plc were listed as 1st to 3rd judgment debtors/respondents respectively.
It sought an order committing the Chairman and Chief Executive Officer of the first judgment debtor/contemptnor to prison for having refused to obey the orders of the court made against him on Jan. 18, 2022.

The order directed him to remove the restrictions placed on the judgment creditors’ bank accounts Nos: 2657858013, 4573142058 and 4573142027 domiciled with FCMB, and Acc. No. 1000576777 domiciled with Zenith Bank Plc.

The order also mandated the ICPC chairman to pay to the judgment creditor, N5 million in damages, “until he purges himself of the contemptuous acts by fully complying with the judgment and order of this court.”

But in a preliminary objection dated Feb. 5 and filed Feb. 7, the ICPC prayed for two orders.

The commission sought “an order of the court declining jurisdiction to entertain the contempt proceeding as same is incompetent having not been initiated by due process of law.

“An order of the court declining jurisdiction to entertain the contempt proceeding and dismissing same for being incompetent and an abuse of court process in view of Appeal, No. CA/ABJ/CV/445/2022 and CA/ABJ/CV/445/2022 pending before the Court of Appeal, Abuja.”

NAN earlier reported that Mr Eric Ifere, the lead counsel to the applicants, had threatened to proceed with the pending motion for committal to prison against Dr Aliyu if he failed to obey an order of court.
Ifere gave the warning in a letter dated Jan. 17 and addressed to Aliyu.
“On Jan. 18, 2022, the Federal High Court, Abuja, made an order directing you to remove the restrictions placed on the judgment creditors’ bank accounts numbers: 2657858013, 4573142058 and 4573142027 domiciled with First City Monument Bank (FCMB) and account number: 1000576777 domiciled with Zenith Bank Plc and pays the judgment creditors N5,000, 000 in damages.
“On 4th July 2022, the same Federal High Court delivered a ruling refusing the 1st judgment debtor’s request for a stay of execution of its judgment.
“Further, it directed you to remove the judgment creditors’ account restrictions immediately.
“Regrettably, you have neglected and refused to obey the honourable court’s judgment and orders to date.
“Consequently, the judgment creditors have commenced contempt proceedings against you,” the letter read in part.
Ifere urged Aliyu to review the decision by lifting the restrictions and paying the damages before the hearing date for the contempt proceedings.(NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

By Ebere Agozie

Mr Afam Okeke, Chairman of the Nigerian Bar Association (NBA), Abuja Branch says lawyers play an indispensable role in ensuring sustainability and efficiency by contributing their legal expertise in the shaping of electricity related matters.

Okeke, made this known at a one-day Capacity Building Workshop for Lawyers by the Nigerian Electricity Regulatory Commission (NERC) in Abuja, Abuja.

According to Okeke, the initiative reflects NERC’s commitment to fostering a more equipped, progressive and skilled legal community capable of navigating the complexities inherent in the regulation electricity sector.

He said the legal profession is not static and requires continuous learning and adaptation to new challenges, adding that the training would equip the lawyers with insights and knowledge needed to break new grounds.

“Lawyers need to be informed on the key reforms and advance the rights and interests of relevant stakeholders with the electricity sector.

“As lawyers, we hold a unique responsibility to ensure that legal framework are comprehensive, transparent and conducive to the growth and stability of key sectors such as electricity.

“Our branch remains steadfast in driving initiatives that promote legal excellence and enrich the knowledge of our members,” Okeke said.

Mr Ahmadu Zubairu, General Manager, Legal, Licensing and Compliance, NBA (Abuja Branch) in his remarks said capacity building was crucial to energising professions in all sectors to step up their competences.

“There was an amendment of the constitution a year ago, subsequently the electricity act was passed. With the passage of the electricity act, a lot of things are supposed to change.

“So, lawyers are expected to upscale their skills to come to terms with the reality.

“The laws that were passed are also to be in tune with the society’s needs so it is very important that we upscale our competences and skills in order to face the realities of the changing dynamics in the society.

“I am confident that the decision to organise this workshop is not only necessary but timely,” Zubairu.

Speaking on ‘The Nigeria’s Electricity Sector Reform, Mr Dafe Akpeneye, Commissioner, Legal, Licencing and Compliance, NER, said Nigeria should make reforms and creat appropriate legal frameworks for electricity like in the banking and telecom sectors.

Akpeneye said electricity generation is capital intensive and investors want to invest with the assurance of making profits.

He said that it is a multi tire value chain that requires everyone on the value chain to do what they need to do, adding that creation of a strong independent regulator was key.

He appealed to lawyers to desist from dragging the electricity agencies to court to stop payment of tariffs because it affects the supply and distribution of power which impacts on everyone in the society.

“Limitation of the use of ex parte injunctions and accelerated hearings in suits that impact significant economic reforms and critical national infrastructure.

“Introduction of the principle of cost following the event in civil litigation affecting the reforms similar to the indemnity costs regime under English law,” Akpeneye said.

Akpeneye quoting Edward Deming said ‘a bad system will beat a good person every time’. (NAN)(www.nannews.ng)
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Edited by Sadiya Hamza

By Adenike Ayodele

An Ikeja Special Offences Court on Wednesday sentenced one Samson Joaqium to 12 years in prison for stealing N43 million and issuing a dud cheque.

Justice Mojisola Dada, who convicted Joaqium, held that prosecution proved the case beyond reasonable doubt.

Dada held that the convict had an intention to defraud his victim.

She sentenced him to three years in prison on count one, seven years in prison on count two, and two years jail term on counts three to five.

The judge, however, said that the sentences should run concurrently.

Dada further directed that the convict should make a restitution to his victim.

She also ordered that the convict’s company should be wound up and its assets forfeited.

The News Agency of Nigeria (NAN) reports that the Economic and Financial Crimes Commission (EFCC) had charged the convict and his company, Samgab Unique Investment Ltd., on five counts bordering on stealing, obtaining by false presences and issuance of dud cheque.

EFCC counsel, Ms Fatima Mohammed, presented three witnesses and documentary evidence to prove the case.

The convict was the sole witness for defence.

He was led in evidence by his counsel, Mr Mark Abraham.

According to EFCC, the convict and his company, sometime in 2016, with intent to defraud, dishonestly converted to their use, the sum of N43 million belonging to one Mr Lanre Oluwaleye.

It also submitted that the convict, sometime on Jan. 31, 2019,  wilfully issued a United Bank for Africa cheque for two million Naira to one Mr  Ogunleye Lanre.

It said that the cheque was dishonoured for insufficient fund in the convict’s account.

The offences violate Sections 278 (1) (b) of the Criminal Law of Lagos State; Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act of 2006, and Section 1(1)(a) of the Dishonoured Cheque (Offences) Act, Laws of the Federation of Nigeria, 2004. (NAN) (www.nannews.ng)pr

Edited by Ijeoma Popoola

By Itohan Abara-Laserian

The Federal Justice Sector Reform Coordinating Committee (FJSRCC) has called for an in-depth synergy among judicial stakeholders to optimally achieve its mandate.

The stakeholders made the proposal on Wednesday during the three-day retreat for the “Development of the FJSRCC Justice Sector Reform Action Plan 2024-2028″ in Lagos.

The event was organised by the FJDRCC, in collaboration with the International Institute for Democracy and Electoral Assistance (IDEA).

The Director-General, Legal Aid Council, Mr Aliyu Bagudu, advocated for a realistic and result-oriented solution to the unending problems of awaiting trial inmates as well as care for inmates in the correctional facilities across the country.

“The recent information from the Nigeria Correctional Service of over 80,000 inmates with over 50,000 of them awaiting trial in the various facilities across the country, is worrisome.

“There is the need to urgently deal with the issue of access to justice and for these prisoners to be catered for in accordance with the international best practices.

“There should be some insightful and robust discussions on increased budgetary provisions to promote access to justice and better service delivery for the various institutions in the justice sector.’’

Bagudu added that the access to justice fund, as provided in the constitution, should be made operational.

Prof. Muhammed Tabiu, the Co-Chair of FJSRCC, noted that one of the objectives of the retreat was to develop a strategic plan for 2024-2027 which is aligned to the priorities of the Federal Government.

Tabiu added that the plan contained deliverables of the Federal Ministry of Justice within the FJSRCC’s mandate.

“Our role is to lead the reform of the justice sector in Nigeria through a coordinated cross sector approach, with the aim of improving access to justice and providing speedy, fair and equitable justice services for all, especially the disadvantaged.

“It is also to coordinate the development and implementation of policies and reforms which improve the delivery of justice services and achieve higher operational standards.

“The aim is also to maintain synergy between justice sector institutions and their activities and provide a forum for resolving cross-institutional problems and challenges,” Tabiu said.

He urged members to see how they could enlighten their various organisations to work together in moving Nigeria forward.

The Special Adviser to the President on Justice Reform in the Office of the Attorney General and Minister of Justice, Mr Fernandez Obiene, emphasised the need for the relevant institutions to resolve policy and operational lapses.

Obiene said this would ensure that the justice sector played its crucial role in the economic and political development of the country.

The Director, Planning and Research, Federal Ministry of Justice, Mrs Victoria Ojogbane, stressed the need for institutions under the Justice Ministry to synergise to achieve the mandate as contained in President Bola Ahmed Tinubu’s eight focal areas of governance.

The News Agency of Nigeria (NAN) repots that the event was attended by representatives from relevant institutions such as the Police, Correctional Service, Anti-corruption agencies and civil society groups. (NAN) www.nannews.ng

Edited by Idris Abdulrahman

By Adenike Ayodele

Justice Ismail Ijelu of the Ikeja High Court will on Feb. 16 rule on the court’s jurisdiction to entertain a case of N950 million fraud against a former staff of Punch newspaper, Olusegun Ogunbanjo.

Other defendants in the suit numbered ID/21559C/2023 are Olawunmi Ogunbanjo, Vaneloo International Ltd., Valeco Global Ventures, Bagco Garba, Taofeek Ogunbanjo, Ifeanyi Odogwu, Bound Media Ltd. and Godwin Benson.

Ijelu adjourned the case after Lagos State Director of Public Prosecutions (DPP), Dr Babajide Martins, and counsel to Ogunbanjo, Mr C.J. Jiakponna, adopted their written addresses.

Jiakponna supported his application challenging the jurisdiction of the court to hear the case with a 17- paragraph affidavit.

In the application dated Nov. 16, 2023, he urged the court to strike out the case.

According to him, the court lacked the jurisdiction to hear the case.

He argued that the case was ongoing at the Sabo-Yaba Chief Magistrates’ Court.

“Our application is a preliminary objection before this court saying that it lacks the jurisdiction to hear case.

“We urge the court to strike out the case,” he said.

However, in an 11-paragraph counter-affidavit dated Dec. 11, 2023, Martins prayed the court to dismiss the preliminary objection.

He said that the objection lacked merit.

According to him, a case filed before a high court supersedes the one before a magistrates court.

He said: “As soon as we realised the severity of the charge, the DPP, on the directive of the attorney-general, ordered that the case should be filed at the high court,

“If a case is ongoing at a magistrates’ court and the prosecution changes its mind and wants it heard at a high court, the law allows that.

“Once the high court matter has been filed, that supersedes the one before the magistrates’ court. There are authorities cited to that effect.

“I hereby urge the court to dismiss the preliminary objection as lacking merit,” Martins said.

The News Agency of Nigeria (NAN) reports that Ogunbanjo was arraigned before a Sabo-Yaba Chief Magistrates’ Court on March 10, 2023, for alleged N950 million fraud.

Magistrate Adeola Olatubosun had granted him bail in the sum of N10 million with two sureties in like sum, following his not guilty plea to the three-count charge of obtaining by false pretences, forgery and stealing.

Ogunbanjo is alleged to have obtained N450 million from one Mr Olusola lkuyajesin and N500 million from one Mr Durodola Balogun under false pretences of using the money to buy stationeries.

He also allegedly forged an organisation’s local purchase orders to carry out the acts, in contravention of Sections 287, 314 and 365 of the Criminal Law of Lagos State, 2015 (NAN)

Edited by Ijeoma Popoola

Research

By Itohan Abara-Laserian

Prof. Teddy Idiabeta, an expert in legal practitioner research, has called on stakeholders in the judiciary to embrace legal practitioner research methodologies in solving specific problems.

Idiabeta,  who teaches at Advanced Business School of Research and Legal Innovations Online, made call in an interview with the News Agency of Nigeria (NAN)  on Friday in Lagos.

He said that the judicial system had overplayed legal research and neglected practitioner research.

According to him, legal research is conventional research which lawyers carry out during a case, whereas practitioner research is aimed at solving specific problems with a view of improving justice administration.

He said that some sectors, including health, had been forward-looking and improving because they were applying practitioner research methodologies.

“Legal research is based on looking at what has happened before to solve a case, but legal practitioner research involves critical reasoning and new methods to solve problems, which will become a reference point because it works within a case-by-case research approach which legal research will adopt.

“Because of the conservative nature of law, practitioner research is not fully applied; legal practitioner research is practice-based,” he said.

He said that the judicial system had done well to an extent, but argued that there was still room for improvement since resolving some issues was still a challenge.

He said that some legal problems encountered recently would have been avoided if creative practitioner research methodologies were applied.

“What we lack is creative legal practitioner research methodologies in the justice administration system.

“We can have a justice administration system that is hitch-free and easy. This will help to resolve issues around corruption in Nigeria.

“That is why legal practitioner research is unconventional, full-time practice-based and aimed at evaluating workplace needs and promoting continuous professional development,” he said.

Idiabeta, who is also the Tech, Media and Entertainment Law Consultant at Prof. Teddy Idiabeta Law Consult, said that Artificial Intelligence (AI) was gradually making research faster and easier.

He, however, said that AI should not be relied on totally since it was programmed by humans and could encounter problems.

“AI can generate data that may appear in sync with your research but critical thinking becomes necessary. Lawyers should be able to combine both.

“Technology engaged during research should not take the place of legal reasoning,” he said.

Idiabeta said that research was the bedrock of the legal profession and the foundation of law practice. (NAN)

Edited by Kamal Tayo Oropo/Ijeoma Popoola

By Wando Sombo

The electricity theft case filed by the Federal Government against an Abuja Property Developer, Mr Cecil Osakwe has been adjourned until April 15.

The case, filed before Justice Binta Nyako at the Federal High Court, Abuja was slated for hearing on Thursday, however, it didn’t go on as the court did not sit.

Counsel in the matter, after agreeing, picked April 15 for continuation of trial in the case.

The News Agency of Nigeria, (NAN) reports that the Federal Government dragged Osakwe to court over alleged N11 million electricity theft.

In the charge, Osakwe was said to have tampered with electricity metres which resulted in the loss of N11 million revenue to the government thereby, committing an offence contrary to Section 1(10) of the Miscellaneous Offences Act.

Osakwe was said to have been caught by officials of the Abuja Electricity Distribution Company, (AEDC) for allegedly stealing electricity at various properties including his residence.

The defendant, however, challenged  the legality of the task force that investigated the process leading to his arraignment.

He claimed that the said task force was unknown to the law.

He drew the attention of the court to a pending suit challenging the panel that carried out the investigation.(NAN) www.nannews.ng

Edited by Sadiya Hamza