NEWS AGENCY OF NIGERIA
Judiciary

Court fines Udeze N1m for parading self as AA national chairman

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By Taiye Agbaje

A Federal High Court (FHC), Abuja, on Tuesday, awarded a N1 million fine against Mr Kenneth Udeze for parading himself as national chairman of the Action Alliance (AA).
Justice Binta Nyako, in a ruling, ordered that Udeze and his lawyer, S.C. Uchendu, should jointly pay the fine for abuse of court process.
The News Agency of Nigeria (NAN) reports that Udeze and Vernimbe James had, in a motion on notice marked: FHC/ABJ/ CS/1871/2022, had prayed to be joined in a suit filed by AA against the Independent National Electoral Commission (INEC).
In the motion dated and filed on Nov. 28, 2022, the duo, through their lawyer, sought an order joining them as co-respondent in the suit
While Udeze claimed to be the party’s national chairman, James said he was the national secretary.
The prayed the court for an order directing the applicant (AA) to serve on them all the processes in the suit.
They argued that they were necessary and interested parties to the matter.
According to them, these parties seeking to be joined are the subsisting and court affirmed national chairman and national secretary of Action Alliance respectively.
In a 12-ground of argument given, they argued that the suit cannot be completely and effectively determined without joining them, among others.
But counsel to the AA, Oba Maduabuchi, SAN, opposed the application for joinder.
He said the only reason a party could be joined in a matter was when the decision of the court would affect such party.
“But where a matter will not affect him, it is not necessary.
“In this case, applicant (Udeze) is claiming that he is a national chairman but three different courts have told them that he is not a chairman.
“Exhibit A is a judgment of Court of Appeal which was decided on Jan. 7, 2022,” he said.
Citing the judgment, he said the court held that it remained “incontrovertible that the suspension of Udeze and his expulsion from membership of AA has not been lifted by appropriate authority or any order of the court.”
He stressed that his suspension and expulsion is extant.
Maduabuchi said Udeze’s expulsion was also confirmed by a FHC judgment in Exhibit B.
Refering to paragraphs 15 and 16 of the exhibit, he said the lower court relied on EXhibit A in its decision.
He said the judge said, “by virtue of stare decisis, I found that this application is time wasting and vexatious.”
The senior lawyer said when the judgement was also appealed, the Court of Appeal held that the case was already spent, having failed to controvert his suspension and subsequent expulsion.
Besides, he said Justice Zainab Abubakar of a FHC, Abuja also gave a judgment, in a similar suit, that Udeze lacked a locus standi to file such application, describing him as a meddlesome interloper.
“My lord, the Court of Appeal in another decision in Ibadan on Nov. 11 said that Udeze is not a national chairman,” he said.
Maduabuchi urged the court to dismiss Udeze’s request for joinder.
In her ruling, Justice Nyako held that an Appeal Court and three other judges had said that Udeze was not a member of AA, having been suspended and eventually dismissed from the party.
The judge, who held that Udeze now engaged in forum shopping, described the act as “an abuse of court process.”
She, consequently, ordered Udeze and his lawyer, Uchendu, to pay the fine of N1 million naira and adjourned the matter until Jan. 16 for hearing.
NAN reports that AA had sued INEC as sole respondent in the suit.
The party is praying the court to compel the electoral umpire to upload all the names of the governorship and state assembly candidates sent to it by the leadership of Dr Adekunle Omo-Aje.
The party had also sued INEC in a similar suit before Justice Zainab Abubakar where the court ordered the electoral umpire to accept and publish the names of the presidential and national assembly candidates sent to it by the Omo-Aje-led leadership of the party.
NAN reports that at a national congress held by AA in Abuja, Mr Solomon-David Okanigbuan emerged the party’s presidential candidate, among others.
But retired Maj. Hamza Al-Mustapha, the former aide to late Gen. Sani Abacha, also won the presidential primary election conducted by the Udeze-led faction on June 9 in Abuja.
The electoral umpire had recognised all the candidates presented to it by the Udeze-led faction.(NAN)(www.nannews.ng)

Edited by Sadiya Hamza

Judiciary

Insecurity: Malami urges collaboration between states, FG

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By Ebere Agozie

The Minister of Justice, Abubakar Malami, SAN, has called for collaboration between States and the Federal Government in terms of prosecution and other means of combatting insecurity.

Malami made the call in his opening remarks at the conference of Attorneys-General in Nigeria on Tuesday in Abuja.

“The fight against insecurity should not be left to the Federal Government especially for offences falling withing the jurisdiction of the States.

“The instant Conference should also afford us the opportunity to determine the milestone we have been able to cover on curbing Sexual and Gender Based Violence since our previous commitments were made in 2017.

”In our quest to implement reforms in the administration of justice, a critical determinant factor remains adequate funding for the judiciary which also entails compliance with the provisions of the Constitution on financial autonomy for the judiciary and State legislatures, as a mark of our true and holistic commitment to the ideals of democracy, good governance and the rule of law.

He noted that the conference with the theme `Enhancing Synergy Between the Federal and State Governments in the Administration of Justice in Nigeria” underpinned one of the major anchors of Nigeria’s democratic life.

“Our enviable positions as Chief Law Officers automatically confers on us the status of stakeholders in the administration of both civil and criminal justice in Nigeria.

“With this prestigious position also comes the onerous responsibility of ensuring that all institutions and officers of the state contribute their quota to ensuring that our legal system meets the expectations and desires of our citizens for the justice sector.

“In the discharge of our responsibilities as Chief Law Officers, we should always be guided by the abiding framework under the Fundamental Objectives and Directive Principles of State Policy, as enunciated under Chapter II of the 1999 Constitution (as amended), which covers every facet of governance and our national life’’.

He noted that the structure and system of governance of the Federation are not oblivious of the possibility of having genuine disputes and frictions among the federating units, national and sub-national governments.

“In spite of this, our shared values and common resources also make collaboration and mutual relationships absolutely necessary and fundamental.

“Therefore, this august body of Attorneys-General occupies a critical position in driving national unity and development.

“We need to underplay the culture of mutual mistrust between the Federal and State Governments, in order to promote and enhance a symbiotic relationship between the Federal and State Governments.

“Our agenda here is to examine some of the issues militating against the desired synergy in the administration of justice and proffer practical ways forward.

“While we presently have quite a number of such issues at different stages of judicial adjudication; it is not out of place if we jointly take a second look at these issues, with a view to achieving mutual resolution without prejudice to subsisting legal rights’’.

Malami said that synergy will sustain the brotherliness, bring professional calling to bear on governance and reduce tension or frictions.

“This will properly project the State and Federal Governments as partners and not competitors.

“I challenge us also to focus on identifying areas of peer review and synergy in our legal system in terms of legislations, policies, procedures, capacity building, funding structures or facilities, among others, which can either be replicated or improved upon by us all.

“We convened a National Summit on Justice in August 2017 to developed and adopted, as a formidable reform blueprint, after consultations with various stakeholders including the members of this Body, development partners and the Civil Society Organizations.

“The policy was designed to provide opportunities and platforms for strengthening collaboration, coordination, and consensus-building among the Justice Sector Institutions.

“The policy will enhance effective service delivery and promoting the rule of law and socio-economic development, without compromising the rights of the States; the doctrine of covering the field and the applicable boundaries of our federal system of government’’.

He solicited the support of states to key into the implementation of the National Anti-Corruption Strategy, which has now proceeded into its second phase; spanning from 2022 – 2026.

“There is no doubt that the support of the states is required for effective implementation and to increase the tempo of the war against corruption.(NAN) (www.nannews.ng)

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Edited by Sadiya Hamza

Judiciary

Electoral (Amendment) Act, 2022: The Big Hurdle Before Federal High Court Judges

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From right: Chief Judge, Federal High Court, Justice John Tsoho; Chief Justice of Nigeria, Justice Olukayode Ariwoola; President of the Court of Appeal, Justice Monica Dongban-Mensem; and Justice Binta Nyako of FHC during the opening ceremony of the 38th Annual FHC Judges” Conference in Abuja.
By Taiye Agbaje
The Chief Judge of the Federal High Court (FHC), Justice John Tsoho, recently, said no fewer than 556 pre-election matters were pending before the court as the country prepared for the 2023 general elections.
According to Justice Tsoho, a total of 1,838 pre-election cases were filed in the court, out of which 1,285 cases have been disposed of, leaving a total of 556 cases pending.
It is a common knowledge that the Independent National Electoral Commission (INEC) had scheduled the Presidential and National Assembly elections for Feb. 25 while the Governorship and the State Assembly polls would be conducted on March 11.
The News Agency of Nigeria (NAN) reports that the Electoral Act Amendment Bill, 2022, was signed into law by President Muhammadu Buhari on Feb. 25, 2022 at the Council Chamber of the Presidential Villa, Abuja.
At the event which was witnessed by the Vice President, Prof. Yemi Osinbajo; President of the Senate, Ahmed Lawan, and Speaker of the House of Representatives, Femi Gbajabiamila, President Buhari said in line with established tradition, he received inputs from relevant ministries, departments and agencies of government after careful and thorough reviews of the Bill and its implications to democratic processes in Nigeria.
He said, “It is gratifying to note that the current Bill comes with a great deal of improvement from the previous Electoral Bill 2021.
“There are salient and praiseworthy provisions that could positively revolutionise elections in Nigeria through the introduction of new technological innovations.”
“These innovations would guarantee the constitutional rights of citizens to vote and to do so effectively.”
President Buhari said the Bill would also improve and engender clarity, effectiveness and transparency of the election process, as well as reduce to the barest minimum incidences of acrimony arising from dissatisfied candidates and political parties.
According to him, these commendable efforts are in line with our policy to bequeath posterity and landmark legal framework that paves the way for credible and sound electoral process that we would all be proud of.
Although President Buhari expressed reservations about Section 84(12) of the Bill, which he said is in conflict with Section 40 and 42 of the 1999 Constitution (as amended) and sought its amendment, he, however, signed it into law.
The Electoral (Amendment) Act, 2022, since that day became operational in Nigeria.
The president’s action drew commendations from civil society organisations, political parties, Nigerians, and members of international community.
But besides President Buhari’s observation on the Electoral (Amendment) Act, 2022, the Federal High Court (FHC) CJ, Justice Tsoho, recently too, expressed his reservations about some provisions in the Act.
The chief judge had made this known on Dec. 12, 2022, at a special court session to mark the commencement of the 2022/2023 Legal Year of the FHC in Abuja.
According to Tsoho, by virtue of Sections 29(5) and 84(14) of the Act, exclusive jurisdiction is foisted on the FHC in the hearing and determination of pre-election complaints in the country.
For the CJ, Sections 29(5) and 84(14) of the Electoral (Amendment) Act, 2022 had imposed additional jurisdiction on FHC judges.
“Linked to that jurisdiction is Section 285 (10) of the Constitution of the Federal Republic of Nigeria (as amended), which provides that such pre-election cases must be concluded within 180 days from the date of filing of the suit,” he said.
The CJ said the development was in addition to “the judges’ existing ‘high-volume’ dockets that present enormous challenges.”
Tsoho, who said that no support whatsoever was provided to address the increased responsibility, said FHC was not consulted by the National Assembly in the enactment of the Act.
His words: “It is necessary to place on record that the Electoral (Amendment) Act, 2022 was enacted without any consultation with the court.
“This weighed heavily on the operations of the court.”
He said in response to this enormous time-bound responsibility, he constituted a Special Task Force of Judges for the swift disposal of pre-election matters, giving them four weeks to dispensed with these cases.
“The judges drafted into the task force were saddled with the mandate of completing all pre-election cases before they lapsed.
“In some instances, judges were drafted from their substantive bases to help in other judicial divisions that had a glut of these cases,” he said.
He commended the judges drafted into the special assignment for their resilience and sheer determination to deliver justice within time frame.
Justice Tsoho thanked the Chief Justice of Nigeria, Justice Olukayode Ariwoola, for approving an emergency fund to support the court in the assignment.
Tsoho though admitted that the new electoral law, which was enacted without their consultation, had disrupted the operation of the court, he, however, stressed that this would not alter their core fundamental values as a court: to rise to challenges and tackling them head on.
“This underpins our resolve to soar in the face of adversity,” he had said.
The CJ said with 76 judges across all its divisions nationwide, the court was understaffed and efforts were ongoing to recruit more judges.
The President of the Nigerian Bar Association (NBA), Yakubu Maikyau, SAN, also said the sections which conferred jurisdiction exclusively on the FHC in pre-election matters had, no doubt, come with a lot of pressure on the already overloaded dockets of the judges.
“By the amendment to the Electoral Act, the lot has fallen on Your Lordships to interpret and apply the innovative and novel provisions of the Electoral Act 2022.
“I am aware that already over 1000 pre-election matters have been filed before this court across the country which necessitated the establishment of a special task force of judges to swiftly
hear and determine all pre-election cases before it.
“It was reported that judges who are members of the task force will suspend all regular cases in their respective courts due to the urgency of the electoral cases which are time-bound,” he said.
Maikyau, who acknowledged the time constraints in dealing with pre-election matters by virtue of the limits set by the 1999 Constitution (as amended), said the suspension of the hearing of all regular cases before the judges who constitute the task force was of serious concern to the Bar.
According to him, for a court that deals with cases arising from serious commercial transactions which impact one way or the other on the economy of the nation, the suspension of the hearing of such matters comes with grave consequences on the economy and affects the confidence of investors.
The NBA president, therefore, faulted the decision of the National Assembly to limit the hearing and determination of pre-election cases to FHC “without regard for its infrastructural and manpower deficit.”
He said it was disheartening that cases that were earlier done by over 700 judges across the country had been limited to about 76 judges of FHC based on the new Electoral Act.
“To saddle this court with the responsibility hitherto undertaken by the Federal High Court, all State High Courts and the High Court of the Federal Capital Territory, Abuja, using
the same number of personnel and infrastructure is to overstretch the court unnecessarily,” he had said.
Maikyau, who said that the development would take a great toll on the health of the FHC judges “who are at the moment poorly renumerated,” called on the legislature to reconsider an amendment to the Electoral Act, 2022.
He, therefore, advised the Federal Government to establish a special court that would deal mainly with electoral and other related matters.
He said the court should be of coordinate jurisdiction with the FHC, State High Court and High Court of the FCT.
Corroborating Maikyau’s submission, the Body of Senior Advocates of Nigeria (BOSAN) also called for the establishment of National Constitutional Court of Nigeria.
Chief Adegboyega Awomolo, SAN, who spoke on BOSAN’s behalf, said the court would handle all constitutional, political and election matters.
According to Awomolo, the Legal Year 2022/2023 is perhaps another one that has thrown up challenges in the country’s constitutional democratic struggle for all Nigerians.
He said since June 2022 when INEC opened the gate to activate political activities towards the general elections scheduled for February and March, the court had been under a very severe pressure and the judges and the entire administrative and court registrars had been extremely stretched.
“We are aware many of the judges of this court had to sacrifice their vacations, scheduled medical appointments and promised holidays with their families.
“We pray that your sacrifices be rewarded by God, who sees all things,” he had said.
But the Executive Director, Civil Society Legislative Advocacy Centre (CISLAC), Auwal Musa-Rafsanjani, said the idea of the new law was to ensure a reform of the electoral laws
According to him, it was obvious that the new law was enacted to correct the challenges of the previous Act.
He said that was why the Act took pre-election matters away from the purview of the States’ High Courts because of allegations that some of these courts are easily influenced by their host state governments.
Musa-Rafsanjani, who spoke to NAN in a telephone chat, said besides, the courts were faced with delay in justice delivery.
“Some of the judgments they delivered come almost at the end of the tenure of the supposed loser or winner of the election.
“This is not also good because the person must have illegally enjoyed all the privileges as an elected person whether as governor, senator, etc,” he said.
He, therefore, agreed that to correct cases of conflicting judgments by one court or the other, it was good a particular court is given that responsibility.
“Otherwise, if we insist on going back to the statue quo, it will not augur well.
“Because if we want to continue in the way and manner some judges and courts are pronouncing judgments on elections, it will negatively affect the delivery of justice in Nigeria,” he said.
Musa-Rafsanjani, however, suggested that more competent and qualified judges should be recruited to ease the workload of FHC.
He also commended Justice Tsoho for setting up task force of judges to handle the pre-election cases.
He said this would go a long way to ensuring consistency and some levels of sanity in the way and manner judgements are giving.
“If there are tangible challenges, we can after the elections, begin to do electoral amendment to address some of the gaps we notice
“Therefore we must ensure that we do not frustrate 2023 elections. We must carry out these elections so that all those gaps that we noted can be addressed by the new assembly,” he said.
The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, who said that the problems facing the court were surmountable, said he had no doubt that the judges were equal to the task.
The Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, SAN, admitted that the development had evidently taken a toll on the court.
“It was gratifying to note that the leadership of the court had shown commitment and determination  to manage the situation optimally through the issuance of the Federal High Court Pre-Election Practice Directions 2022 and the constitution of a special task force of Hon. Judges to speedily hear and determine all pre-election before the FHC.
“I sincerely appreciate the peculiar constraints and challenges which our judges face in delivering  these mandates, especially with regards to lack of basic resources to facilitate optimal performance and improved renumeration regime.
“We cannot but appreciate the distinguished judges for their sacrifices and tireless efforts with regards to the administration of justice in Nigeria,” Malami had said.
He said the new electoral law was aimed at advancing the course of electoral jurisprudence and strengthening democratic practices, especially in entrancing internal party democracy.
The question is, with few weeks to the general elections, will the FHC judges do justice to the pending pre-election matters staring them in the face?
Like the late famous reggae musician, Bob Marley, sang, “Only time will tell.”(NAN)
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Edited by Sadiya Hamza
Judiciary

Malami inaugurates Bar Council, cautions NBA against isolation of members

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By Ebere Agozie

The Minister of Justice, Abubarkar Malami, SAN. on Monday inaugurated the General Council of the Bar with a call on the leadership of the Nigeria Bar Association (NBA) not to isolate members.

The News Agency of Nigeria (NAN) reports that the Council inaugurated comprised all the Attorneys General of the  states, 20 members of the Nigerian Bar Association and the Attorney-General of the Federation who shall be the President of the Council as enunciated in the Section 1 (2)( a-c) of the Legal Practitioners Act 2004.

Malami said that the NBA serves as a vehicle for social conscience and therefore should not seek to isolate its members in government who are positioned to drive its success.

“We must work collectively to build an enviable legal profession that will be beneficial to us all, rejig it to change the current negative perception of the profession.

“The council should strive to overcome its inherent limitation to reinvent and reassert itself in the legal architecture of the country.

“This inauguration is an opportunity for all the constitutional heads of the legal profession and members of the Bar to meet and deliberate on pertinent issues affecting the legal profession, especially in view of current challenges and public perception of the profession’’.

He advised those inaugurated to continue to show commitment and dedication to the statutory duties of the Council, especially with regards to making and reviewing rules of professional conduct under Section 12(4) of the LPA.

“Together we must work to restore the confidence which the public hitherto reposed in members of the legal profession.

“This will only be possible if we as members demonstrate uncommon commitment and dedication to make a difference through our various inputs and services to the Council.

Responding,  the President of NBA, Yakubu Maikyau, SAN said that there was the absolute need to provide regulations that will guide the conduct of legal Practitioners towards the fight against corruption, money laundering, terrorism, economic crimes, and other criminal activities.

He said the profession maintained the privileges conferred on the it by the statutes, self-regulate it conduct as to make it accountable in the fight against the menaces that have bedeviled the nation.

Maikyau, therefore, urged all members to familiarise  themselves with the Legal Practitioner Acts, LPA and the Constitution of the Association which, he said remains the principal legal framework governing the operation of our Association’’. (NAN) (www.nannews.ng)

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Edited by Sadiya Hamza

Judiciary

2023: Appeal Court rejects application to reinstate Al-Mustapha, others as AA candidates

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By Taiye Agbaje
The Court of Appeal, Abuja, on Thursday, rejected an appeal by the sacked Chairman of the Action Alliance (AA) party, Chief Kenneth Udeze, seeking to reverse the nullification of the candidacy of retired Maj. Hamza Al-Mustapha and others.
A three-member panel of the appellate court, led by its President, Justice Monica Dongban-Mensem, in a ruling, held that the appeal was defective and hence, incompetent.
The News Agency of Nigeria (NAN) reports that Mr Al-Mustapha, the former aide to late Gen. Sani Abacha, won the presidential primary election of the party conducted by Udeze faction with a total of 506 votes, defeating Samson Odupitan, his only opponent, on June 9 in Abuja.
Justice Dongban-Mensem, in the lead ruling, held that Udeze was wrong to have initiated the appeal in the name of the AA and also listed the party as a respondent.
The judge said that the AA could not be an appellant and a respondent in the same appeal.
The ruling was on the appeal marked: CA/ABJ/PRE/ROA/CV/1472MI/2022, with which Udeze (who was suspended and later expelled) had sought to void the Dec. 22, 2022 ruling of the Federal High Court (FHC) in Abuja.
NAN reports that Justice Zainab Abubakar of the Abuja FHC had, on Dec. 22, 2022, dismissed Udeze’s application to set aside the court’s Nov. 4, 2022 judgement recognising the candidates produced by the Dr Adekunle Rufai Omo-Aje leadership of the party.
Udeze, whose suspension and expulsion as the AA chairman had been upheld in two judgments of the Court of Appeal, had applied to the FHC, Abuja to set aside the Nov. 4 judgment, claiming it was obtained by fraud and that he was still the party’s national chairman.
In the Nov. 4 judgement delivered by Justice Abubakar, the court ordered INEC to accept the list of candidates submitted to it by the Omo-Aje leadership of the AA and to discountenance the candidates submitted by Udeze, which Major Hamzat Al-Mustpha was a presidential candidate.
Also in her Dec. 22 ruling, Justice Abubakar reaffirmed that, with the two subsisting judgments of the Court of Appeal and another decision by a FHC in Abeokuta, Udeze cannot lawfully lay claim to being the Chairman of the party.
The two judgments of the Court of Appeal were delivered on Jan. 7, 2022 and Nov. 11, 2022, while the ruling by the FHC in Abeokuta was delivered on Sept. 8, 2022 by Justice J. O. Abdulmalik in a suit marked: FHC/AB/CS/120/2022.
Justice Abubakar held that her earlier judgment delivered on Nov. 4 was not obtained by fraud as claimed by Udeze.
The judge described Udeze as a busy body and meddlesome interloper, trying to interfere in the affairs of the party from which he was suspended and later expelled.(NAN)(www.nannews.ng)
TOA/SH
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edited by Sadiya Hamza

Judiciary

Lawyer petitions Ugwuanyi over alleged demolition of Enugu paint factory

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Gov. Ifeanyi Ugwuanyi of Enugu

By Taiye Agbaje
Mr Chukwuma-machukwu Ume, SAN, has urged Gov. Ifeanyi Ugwuanyi of Enugu State to investigate an allegation levelled against a businesswoman, Mrs Uju Kennedy-Ohanenye, over the demolition of a paint factory in the state.
Ume, in a petition addressed to Governor Ugwuanyi through his law firm, said the demolition of the factory, Legacy Paints Ltd, was allegedly orchestrated by Kennedy-Ohanenye.
The petition, which was made available to newsmen on Thursday in Abuja, also copied noble personalities, including former governors and clergymen, in the state.
The lawyer said that the N1.3 billion ultramodern paint factory located at Plot M4, Cattle Lairage Site, Emene, Enugu State, was lawfully owned by his client.
“The Enugu state government through the state’s Ministry of Lands in 2013, validly granted Statutory Certificate of Occupancy (No: CAL/07566, dated 25th November, 2013 and registered as NO: 5 at page Vol. 126, Land Registry, Enugu) for 99 years to Dezern Nigeria Ltd in respect of a commercial piece of land known and situated at Plot M4, Cattle Lairage Site, Emene, Enugu State.
“It is also in the record of your state government that this company duly applied and got the necessary factory buildings approval.
“As a follow-up, they, in line with your state government policy of encouraging indigenous industrialisation of the state, immediately (with borrowed funds) constructed and established an ultra-modern paint manufacturing factory at a cost of N1 billion.
“The factory with a teaming workforce of over 70 staff has steadily remained in active production and has been paying huge sums of money to your state confers in form of Personal Income Tax of employees,” the petition read in part.
He said that before the factory was pulled down, the paints and other allied chemical produced by the company had added tremendous value to commercial activities in the state, country and the West African sub-region.
Ume, who said despite the pendency of the matter over the disputed land in court, Kennedy-Ohanenye, who was also a chieftain of a political party, allegedly masterminded its demolition on Dec. 22, 2022.
He also queried the sudden withdrawal of the appeal marked: CA/E/224/2021 filed by the state government on the matter.
The senior lawyer, who urged Ugwuanyi to instruct the state’s Ministry of Justice to re- file the withdrawn appeal for proper prosecution, demanded for the cancellation of any allocation made or attempt to have been made to Kennedy-Ohanenye.(NAN)(www.nannews.ng)

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edited by Sadiya Hamza

Judiciary

Court dissolves 3-month-old marriage, orders return of dowry

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By Aisha Gambo
A Sharia Court in Magajin Gari, Kaduna on Tuesday dissolved the union between Muhammad Abdulganiyu and Ma’arufat Ibrahim.
Delivering a ruling, the Judge, Malam Rilwan Kyaudai, said the marriage was dissolved after all efforts to reconcile the couple by the court and their guardians failed.
He ordered Ibrahim to return N20,000 paid as dowry.
“She will also return the marriage suitcases she received and contents with the exception of the ones she has also sown.
”She will not  return the cell phone as requested by the complainant but she will return the silver rings she received from him,” he held.
Earlier, Abdulganiyu in his petition alleged that his wife left their matrimonial home without any altercation.
“I tried my best to provide for her, but she and her mother do not appreciate my efforts and we’ve been married barely three months.
”If she’s not interested in the marriage anymore, she should pay me all I spent during the wedding and return the phone and silver rings I gave her”, he said.
On her part, the defendant said she left because her husband does not provide food for her.
She said that he had told her that his mother pushed him into marrying her.(NAN)
edited by Sadiya Hamza
Judiciary

Court dissolves marriage over wife’s poor cooking

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By Olawale.Akinremi

A Customary Court in Mapo in Ibadan, Oyo State, dissolved a 15-month-old marriage of a sales attendant, Stephen Akinseloye, over his wife’s poor cooking and lack of manners.

Akinseloye, who lives in Elewura-Challenge area in Ibadan, told the court that his wife, Opeyemi, has caused him so much pain by her immaturity.

Delivering judgment, the President of the court, Chief Ademola Odunade held that Opeyemi was responsible for the damage done to her relationship because she failed to acquire basic requirements for living a happy marital life.

Odunade consequently dissolved the marriage, citing irreconcilable differences as reasons.

He granted custody of the only child to Opeyemi.

He ordered Akinseloye to pay N4, 000 monthly for the child’s upkeep.

In his testimony, Akinseloye, said:”Opeyemi cannot make simple eba. She puts too much salt in the food. I have shown her and corrected her but she has refused to learn.

“She is also clumsy. She destroyed by Plasma TV and lies on minor things.

“She has also refused to join me in prayers. I am a Catholic, she keeps going to Celestia church,’’ Akinseloye said.

The defendant who opposed the suit denied some of the allegations leveled against her.

Opeyemi accused her husband of being a flirt. (NAN)

Judiciary

EFCC opposes plans by Maina’ s lawyer to withdraw from trial

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By Taiye Agbaje

The Economic and Financial Crimes Commission (EFCC), on Wednesday, opposed the plan by Sani Katu, SAN, counsel to Abdulrasheed Maina, Chairman, defunct Pension Reformed Task Team (PRTT), to withdraw his appearance in the ongoing trial.

The EFCC counsel, Farouk Abdullah, urged Justice Okon Abang of the Federal High Court, Abuja, to reject the oral application by Katu on the ground that it failed to comply with relevant section of the law.

Katu notified the court of his intention to withdraw from the trial.

“The matter is for continuation of hearing for us to bring another witness.

“Before then, we have a very simple application to make.

“It is to seek from this honourable court to specially withdraw from this matter.

“In making this application, we have all it takes to appreciate the court’s indulgence,” he said.

However, Abdullah opposed the prayer, saying the senior counsel did not comply with Section 349(8) of the Administration of Criminal Justice Act (ACJA) 2015 in making the request.

“As rightly stated by the senior counsel, the matter is slated for continuation of defence.

“My lord, the defendant has a constitutional right to a counsel of his choice and a counsel in a matter can also withdraw at any time he deems fit.

“My only reservation is the noncompliance with Section 349(8) of ACJA 2015.

“In view of the noncompliance of senior counsel with the provision of extant law on withdrawal of counsel, we pray the court to refuse the application and direct that the business of the day be done,” he said.

Katu, who acknowledged that the section of the law provided that an application for notification to withdraw had to be made to the court not less than 3 days before hearing, said he had a discussion with the prosecution counsel “off record” on the issue before the sitting.

He, therefore, prayed the court for a short adjournment to enable him file necessary papers in compliance with the law.

Responding, Abdullah said the law did not give the court the avenue to use its discretionary power on the matter.

“The operative words: ‘shall notify the court’ is mandatory to rob the court of the discretion to direct otherwise.

“We therefore urge the court to discountenance his application for adjournment,” he added.

In his ruling, Justice Abang, who held that “what is off record is not before the court,” said the application for adjournment lacked merit.

“Obviously, he did not comply with Section 349(8) of ACJA,” he ruled.

The judge also said that Katu had not offered any explanation on his intention to withdraw from the case.

He said his plan to withdraw was to compound the issues before the court and to hold the court to ransom.

Abang, who refused the application, ordered the proceeding for the day to continue.

The News Agency of Nigeria (NAN) reports that in the course of the trial, Joe Gadzama, SAN; Adeola Adedipe, were among Maina’s lawyers who had withdrawn their services in the matter.

Maina and his company, Common Input Limited, are being prosecuted by the EFCC on charges bordering on money laundering to the tune of N2.1 billion.(NAN)

Judiciary

Alleged illegal billing: Businessman, AEDC explore out of court settlement

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By Glory Abuh-Adejoh

 A businessman, Jerry Okolo and Abuja Electricity Distribution Company (AEDC),  on Wednesday informed an FCT High Court, Gudu, of an ongoing process of settling out of court.

The suit which was instituted  by Okolo along his Landlord, Abimaje Ebute as co-claimant against the AEDC, is over alleged illegal billing.

The claimants in their relief are demanding for the sum of N10 million as general damages for the alleged illegal and unlawful actions of the defendant.

The claimants are also praying for N5 million as damages for inconveniences and losses incurred by them.

In addition, they are seeking for the payment of N500,000 as cost of prosecuting the suit.

When the matter which was slated for report of settlement before Justice Modupe Osho-Adebiyi came up, the claimants counsel, Frank Nnaba informed the court that parties were discussing possibility of settlement, but were yet to conclude.

He therefore prayed for an adjournment to enable parties have enough time to conclude on terms of settlement.

The defence counsel, Ifeanyi Aborgu on his part aligned with the submission of Nnaba.

The judge accordingly adjourned the matter until April 27, for report of settlement or hearing in the event that  parties do not reach an agreement.

The News Agency of Nigeria (NAN), reports that in the claimants statement of claim, it was alleged that the defendant had been sending an estimated electricity bill to the house located at FHA, Lugbe, Abuja since 2014, although the house was hardly occupied by any occupant since 2018 when Okolo was transferred out of Abuja.

According to the claim, Okolo said he wrote to the defendant that the estimated billing should be stopped and a pre-payment meter installed, but it was never done.
In addition, he alleged that although he comes to the house on a quarterly basis, the bill kept coming and the AEDC charged for N23,814.39 in one of the months he was away.
He said the electricity supply to the house was disconnected in Aug. 2019 after months of non-payment from him.
Okolo affirmed in the claim that he paid the sum of N5,000 as re-connection fee and on Dec. 24, 2019, a pre-prayment meter was finally installed.
He added that by then, the defendant said he was indebted to them to the sum of N171,000.00 which was the accumulated bills for the period he was disconnected from electricity supply.
Okolo said in furtherance to the alleged indebtedness, every time he made purchases of electricity token from the defendant, 60 per cent of the amount is deducted by way of payment for the alleged N171,000 debt.
He said it was this continual deduction that necessitated the suit and damages he incurred when his things got destroyed due to the disconnection while he was away.(NAN)
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