News Agency of Nigeria
NGO prays Court to nullify BPP’s certificates of no objection issued since 2007
Judiciary

NGO prays Court to nullify BPP’s certificates of no objection issued since 2007

By Taiye Agbaje

A non-governmental organisation has urged the Federal High Court, Abuja to nullify all certificates of no objection issued by Bureau of Public Procurement (BPP) since 2007 over alleged breach of the agency’s law.

The NGO, under the auspices of the Registered Trustees of Network for the Actualization Of Social Growth and Viable Development (NAFGAD), told the court in a fresh suit filed by its lawyer, Timilehin Odunwo.

The News Agency of Nigeria (NAN) reports that certificate of no objection is a document which authenticates that due process was followed in the course of contract procurement, especially at a national or subnational scale.

The group, in its originating summons marked: FHC/ABJ/CS/1056/2023, had sued the president, the Attorney-General of the Federation (AGF), the BPP and its director-general as 1st to 4th respondents respectively.

In the suit dated Aug. 1 and filed Aug. 2, NAFGAD alleged that since the BPP was established in 2007, its National Council on Public Procurement (NCPP) had never been constituted contrary to relevant laws.

The group accused the BPP of taking decisions on its own volition, without supervision and in accordance with the establishment act.

It maintained that a non-constitution of the NCPP would breed corruption in the system to the detriment of the society.

It said despite its letters to the AGF and the BPP on the alleged unlawful act, the letters were ignored and the agency continued to issue certificate of no objection to procuring entities without recourse to the National Council’s regulations in line with its mandate.

The group, therefore, sought six reliefs which include “a declaration that the non-constitution of the National Council on Public Procurement by the President of Nigeria amounts to a breach of Section 1 (1&4) of the Public Procurement Act, 2007.

“A declaration that all the certificates of no objection issued over time by the Bureau of Public Procurement since 2007 till date, having not been supervised by a legally constituted National Council on Public Procurement in line with Sections 2 &6(1) of the Procurement Act, 2007 is void.

“A declaration that the appointment of the Director General of the Bureau of Public Procurement by the President of the Federal Republic of Nigeria without the recommendation of a constituted National Council on Public Procurement is a complete breach and total disregard to Section 7(1) of the Public Procurement Act, 2007 and therefore illegal.

“An order of the Honourable Court mandating the President of the Federal Republic of Nigeria to constitute the National Council on Public Procurement for the purpose of the appointment of the Director General of the Bureau of Public Procurement.

“An order of this Honourable Court prohibiting the Bureau of Public Procurement from further issuing certificate of no-objection to any government agency, parastatals or person until the National Council on Public Procurement is constituted,” among others.

The case is yet to be assigned to a judge for determination. (NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

Abuja markets: AMML accuses sister coy of sabotaging its operations against court order
General News , Judiciary

Abuja markets: AMML accuses sister coy of sabotaging its operations against court order

By Taiye Agbaje

The Abuja Markets Management Limited (AMML), on Wednesday , accused its sister company, Abuja Investments Company Limited (AICL), of sabotaging its operations of managing the Federal Capital Territory (FCT)-owned markets in spite of a valid court judgment.

The AMML Legal Adviser, Felix Edacbe, made the allegation during a press briefing in Abuja.

Edache alleged that the Group General Manager (GMD) of AICL, Mr Abubakar Maina, unlawfully directed his workers to take over the AMML offices across markets in the FCT.

The lawyer, who alleged that the development had hindered the company from performing its mandate of revenue generation for FCT, said Maina’s action had also exposed the markets to insecurity as traders now do their businesses in apprehension.

“It has become imperative to get you informed of some sordid events currently putting the survival of AMML, its staff, security and wellbeing of our markets in jeopardy.

“On the 26th of July 2023, the GMD of Abuja Investments Company Ltd unilaterally wrote to all FCT owned markets, intimating them of their decision to suspend and throw open the market gates.

“This communication which was well circulated in the markets, compromised our security architecture.

“This, in our security review, may not be unconnected to the invasion of Wuse Market by suspected members of Shiite Movement on Friday the 28th July 2023.

“This much was promptly reported to the various security agencies for proper investigation.

“While still trying to solve the problems generated by the above wrong decision, on Tuesday, the 1st day of August, 2023, some staff of AICL, alongside some traders at about 6 a.m., went into Wuse market and forcefully break into our office, chased our staff away thereby further jeopardising the security of our market and making it impossible for us to raise revenue for the provision of services across markets.

“From the information at our disposal this is one of the many steps being taken in cohort with some dismissed staff of AMML to take over the market with the view of claiming and deceiving security agencies into believing that they are the authentic staff of AMML.

“They are doing this so that they can use the security agencies to chase away the MD/CEO of AMML and the authentic staff of AMML out of the office and forcefully annexed the office as they have done in the markets in violation of valid court orders/judgement,” Edache alleged.

He called on the FCT Permanent Secretary, Mr Olusade Adesola, to call Maina “to order on his hostility against the company’s Managing Director, Alhaji Abubakar Faruk.”

The Manager of Dei Dei Market, Janet Udemezue, also alleged that on Tuesday, some ex-staff of the AMML invaded her office early in the morning, chased them out and locked up the office.

She said the invaders told her that the AICL had taken over the markets in the area.

She said she had to call the district police officer (DPO) in the area who deployed some of his men to the office for prompt intervention.

“The market was thrown into a state of fear and apprehension.

“And we all know that Dei Dei is a volatile area with many miscreants who may want to take advantage of any little misunderstanding.

“This is why we are calling on the permanent secretary to come into the situation,” she said.

The Head of Operations of AMML, Mr Yahaya Ibrahim, said the company was committed to ensuring that the market system is well protected and food supply is stabilised towards generating the needed revenue for the FCT government.

The News Agency of Nigeria (NAN) reports that some of the markets under the management of AMML include Wuse Market, Gudu Market, Garki International Market, Garki Old Market, Nyanya Market, Dei Dei Market, Kaura Market, Area 1, 2 and 3 Shopping Centres, among others.

NAN reports that Justice Donatus Okorowo of a Federal High Court, Abuja, in a judgment on July 10, nullified Faruk’s redeployment by yet-to-be ratified AMML Board headed by Maina and the former Minister of FCT, Mohammed Bello.

Justice Okorowo ordered Faruk’s reinstatement as MD of AMML.

He also ordered the defendants, their staff and privies to restrain themselves from interfering with the Faruk’s exercise of his powers or carrying out the ordinary business of the company as an MD, including but not limited to holding board meetings.

The judge held that the decision of Maina and Bello to reconstitute the AMML’s Board of Directors in the manner done and publish in a press release of Feb. 21 and inaugurated the said board on April 4 was unlawful, null and void.

Besides, Justice R.B. Haastrup of a National Industrial Court, Abuja, on July 26, also nullified the termination of Faruk’s employment by Maina on behalf of AMML’s shareholders against a valid court judgment.

Maina in a letter he signed on July 17, had terminated Faruk’s employment.

Justice Haastrup also gave an interim injunction restraining the defendants, including the AICL, from conducting any board of directors’ meeting of AMML or transacting any business affecting the AMML management pending the determination of the counterpart motion on notice. (NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

Nweze’s death big loss to Nigeria – Kalu
General News , Judiciary

Nweze’s death big loss to Nigeria – Kalu

 

By Ikenna Osuoha

Sen. Orji Uzor Kalu, a former Governor of Abia and Senator representing Abia North Senatorial District, has described the death of Justice Chima Nweze, as a big loss to the nation.

This is contained in a condolence message issued by Kalu in Abuja on Monday.

The News Agency of Nigeria (NAN) reports that Nweze was, until his death, a Justice of the Supreme Court of Nigeria, with significant contributions to the nation’s judicial system.

Kalu, who extolled the virtues of the late jurist, acknowledged his contributions to the judiciary and nation building through various platforms.

The former Chief Whip of the Senate said that the late jurist was a man of honour and dignity, whose legacies were worthy of emulation by his contemporaries in the judiciary.

He applauded the giant strides made by the late supreme court justice in his chosen profession.

He said, “I commiserate with the government and people of Enugu State over the demise of Justice Chima Neeze of the Supreme Court.

“The late jurist was a shining light in the judiciary, owing to his unbeatable attributes which he demonstrated and upheld in various capacities in his profession.

“He was hardworking, bold, courageous, cerebral, patriotic and dynamic in the discharge of his duties and responsibilities.

“The late judge made invaluable contributions to nation building in different positions.

“He will be remembered for his good deeds”.

Kalu urged the Nweze family to take solace in the fact that the deceased lived a remarkable and purposeful life, while praying for eternal rest for the late jurist. (NAN) (www.nannews.ng)

 

Edited by ‘Wale Sadeeq

FG committed to fostering conducive investments’ environment – Jedy-Agba
General News , Judiciary

FG committed to fostering conducive investments’ environment – Jedy-Agba

By Ebere Agozie

Mrs Beatrice Jedy-Agba,  the Solicitor-General of the Federation and Permanent Secretary Federal Ministry of Justice, says the Federal Government is committed to fostering an environment that empowers entrepreneurs, nurtures innovation and attracts investments.

Jedy-Agba said this at a workshop on the Guidelines on the Incorporation of Companies Limited by Guarantee on Thursday in Abuja.

She noted that the workshop was to sensitise stakeholders on the guidelines for the issuance of the Authority of the Attorney-General of the Federation for the registration of Companies Limited by Guarantee.

“The Federal Government has repealed and re-enacted the Companies and Allied Matters Act, 2020, (CAMA) to open up the investment space in Nigeria by relaxing certain rules that have been considered rigid and unfriendly to the economic environment.

“Section 26(4) of CAMA 2020, provides that the Memorandum of Association of a Company Limited by Guarantee shall not be registered without the Authority of the Honourable Attorney-General of the Federation. Section 26(5) imposes a timeframe within which the Authority should be granted, except further information or documents are required.

“These guidelines are designed to achieve consistency in the processing of applications for the mandatory authority, reduce the time for processing same and give advance notice of requirements to all stakeholders.

“These guidelines, the first of its kind in Nigeria have therefore been produced to cover a wide range of issues connected with the subject matter.

“Special care has also been taken to address challenges and issues commonly associated with the processing of applications for the Attorney-General’s authorisation”.

She, therefore, encouraged participants to engage in constructive discussions that can together can create an environment where businesses thrive both for the citizenry and investors.

Mrs Gladys Odegbaro, Director, Solicitors Department, said the workshop was also to deepen the understanding of the regulatory framework governing Companies Limited by Guarantee.

“This will promote a seamless registration process for aspiring individuals, organizations and investors.

“However, the process of registering such companies involves specific legal intricacies that demand attention and compliance.

“Therefore, today’s workshop seeks to demystify these guidelines, clarifying the essential steps, procedures, and documentation required for a smooth and successful registration process”.(NAN)

 

Tribunal admits evidence on alleged discrepancies in Ben Kalu’s credentials
Judiciary , Politics

Tribunal admits evidence on alleged discrepancies in Ben Kalu’s credentials

By Leonard Okachie
 The National Assembly Election Petitions Tribunal 4, sitting in Umuahia, on Thursday, admitted in evidence documents alleging that the Deputy Speaker of the House of Representatives, Mr Benjamin Kalu, have discrepancies in his credentials.
The documents were tendered by the Labour Party Candidate in the February 25 National Assembly poll in Bende Federal Constituency of Abia, Chief Frank Chinasa.
Chinasa also testified as a star witness before the Hon. Justice Samson Gang-led three-member panel.
Some of the documents tendered  by Chinasa’s Lead Counsel, Yunus Usman (SAN), included Kalu’s birth certificate, West African School Certificate, first degree certificate issued by the University of Calabar and NYSC Certificate, among others.
Usman argued that while some of the Certified True Copies (CTCs) of the documents deposed to bore Osisiogu Benjamin Okezie, others bore Kalu Benjamin Okezie and Benjamin Okezie Osisiogu, respectively.
After his submission, the tribunal admitted all the nine documents and marked them as exhibits.
However, Mr Kelvin Nwufo (SAN), Counsel for Kalu, objected to the admissibility of the documents as exhibits but said he would give reasons for his objection in his final written address.
Also, Counsels for APC and INEC, Mr Vigilus Nwankwo, and Ogochukwu Onyekwulije, respectively, objected to the admissibility of the documents.
They promised to adduce their reasons for their objections in their final written addresses.
The tribunal also admitted in evidence, the result of the election, which the petitioners alleged was manipulated by INEC in favour of Kalu and APC.
Chinasa alleged that INEC awarded him 6,898 votes and 10,020 votes to Kalu.
He also tendered a copy of his protest letter to INEC, alleging a manipulation of the election result, which was also admitted as exhibit.
Responding under cross-examination, Chinasa said that he was not aware of the harmonisation of Kalu’s names.
He also denied knowledge of a High Court judgment confirming the said harmonisation.
He further told the tribunal that he did not obtain the CTCs of the documents tendered “individually” but “summarily”.
The matter was later adjourned to Saturday, when Kalu is expected to give his defence and face cross-examination.
In another development, the tribunal  admitted in evidence, the deposition by the Action Alliance (AA) Candidate in the election, Mr Ifeanyi Igbokwe, that his party’s name and logo were excluded from the ballot.
A CTC of the party’s protest letter to INEC on the exclusion was tendered in evidence by its National Secretary, Amb. Suleiman Abdulrasheed, and admitted as exhibit.
Suleiman told the tribunal that a Federal High Court, Abuja, had in a judgment in suit number FHC/ABJ/CS/1759/2022, delivered on November 4, 2022, ordered INEC to upload and publish Igbokwe’s name as the validly nominated AA candidate but INEC allegedly declined to do so. (NAN)(www.nannews.ng)
Edited by Sam Oditah
Contractor asks NSCDC to pay N29m project balance after court order
Judiciary

Contractor asks NSCDC to pay N29m project balance after court order

By Taiye Agbaje
The Managing Director of Davenchris Ventures LTD, Mr Christian Igbo, on Wednesday, asked the Nigeria Security and Civil Defence Corps (NSCDC) to obey a court judgment and pay N29 million balance of the contract sum legitimately awarded and executed by him.

Igbo, who made the call while addressing newsmen in Abuja, stated that he duly bidded for and won some projects offered to him by NSCDC, which he executed in 2022 and part-payment was made to him at the end of the year.

He alleged that his refusal to play along with some officers in the Finance and Procurement Departments of the corps to share government’s money and leave the project half done, had caused the balance of his payment to be withheld, which necessitated a suit he instituted.

The News Agency of Nigeria (NAN) reports that Justice Edward Okpe of a High Court of the Federal Capital Territory, Nyanya in Abuja, had ordered the NSCDC to pay Igbo over N29 million balance of the contract sum legitimately awarded and executed by him.

The judgment followed an originating motion on notice marked: CV/2115/2023 and filed by his lawyer, Pascal Obioha against the security agency and others.
In the suit, Igbo sued the NSCDC, its Commandant-General (C-G), ACG Fabian Ejezie (Finance) and Mpamugo Ifeanyi Bartholomew as 1st to 4th defendants respectively.

Also joined in the suit include Victor Olarenwaju, Pastor Kukuyi (Accountant General Staff in Charge of CPO) and Chukwuemeka Okeke as 5th to 7th defendants.

Igbo alleged that about nine NSCDC staff had sent their accounts details to him for some unwarranted and unlawful demand on the money meant for the project he got, but he refused to play along.

He said the officers insisted on their unlawful and unwarranted demands from him and ganged up to deprive and frustrate him from getting the balance of the contract sum which he had excellently and duly executed.

“These officers with their threat messages and bank account details available with me, claimed they were directed by their management to demand for a return of some percentages of the contract fund I was paid,” he said.

NAN reports that Justice Okpe had agreed with all the averments of Igbo which, the judge said, the security agency did not controvert.

He, therefore, called on the management of the corps to obey the court judgment and pay the remaining amount.
The aggrieved contractor, who is also the managing director of IB-Technicals Ltd. and Chrisreubben Enterprises, also alleged that he rejected some job slots offered to him in the recruitment exercise of the corps to make him withdraw the court case.(NAN)(www.nannews.ng)
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edited by Sadiya Hamza

Lagos agency seeks justice for student, 21, killed by boyfriend
Defence/Security , Judiciary

Lagos agency seeks justice for student, 21, killed by boyfriend

 

By Deborah Akpede

 

The Lagos State Domestic and Sexual Violence Agency (DSVA) has sought justice for a 21-year-old student stabbed to death by her boyfriend identified as Benjamin Best.

DSVA made this known in a tweet on its official Twitter handle @LSdvsa on Tuesday.

The agency, which condoled with the family of the deceased, commended the Lagos State Police for its efforts to arrest the suspect.

“We are deeply saddened by the recent incident that occurred in our community.

“Domestic violence cases can have devastating consequences, and we stand in solidarity with the victim and her family during this difficult time.

“We commend the efforts of the police in their ongoing investigation to apprehend the perpetrator and ensure justice for the victim.

“We encourage anyone who may have information about this incident or any other domestic violence case to please come forward and help bring the culprits to justice,” it stated.

The statement said that the agency was committed to combating domestic violence in all its forms.

“We provide resources, support and a safe space for victims and survivors to seek help and healing.

“If you or someone you know is experiencing DV, please remember that help is literally a phone call away -08000 333 333,” it stated.

The News Agency of Nigeria (NAN) reports that the suspect, Benjamin Best, 26, took to his Instagram page on Monday to confess to killing his girlfriend and running away.

The suspect with the IG page @Killaboigram said that he stabbed the deceased simply identified as Austa_XXO on Instagram, during an argument.

“I got into an argument with my girlfriend @austa_Xxo, I mistakenly stabbed her and ran away out of fear and been suicidal since then.

“I should have left this toxic relationship, but I didn’t. Oh, Lord, forgive me for my sins. I wish I can go back in time and undo this but, it has happened.

“I’m not a bad person, I’m not an evil person, I’m not a criminal.”

“I want to do the right thing and turn myself in. I will gladly die by paying with my life now.

“I ruined my life at the age of 26, I am going crazy, I want to die,” he posted.(NAN)(www.nannews.ng)

Edited by Chinyere Joel-Nwokeoma

OCHIE Igbo tasks FG on tackling insecurity in southeast
Judiciary

OCHIE Igbo tasks FG on tackling insecurity in southeast

By Taiye Agbaje

An Igbo group, Odinala Cultural Heritage Foundation (OCHIE Igbo) has called on the Federal Government to come clean on the issue of insecurity ravaging social and commercial activities in southeast.
The group, in a statement signed by its National Publicity Secretary, Caleb Ekene Onwe, tasked President Bola Tinubu to make a categorical statement on the matter.
It regretted that governors of southeast zone had allowed political differences and selfish primitive acquisition to divert their attention from the crucial need for collective action against the menace of insecurity.

OCHIE Igbo recalled that a few years ago, the southeast was the quintessential bride and cynosure of the entire country, noting that the zone played host to many Nigerians in search of leisure and business due to the prevailing peace.
“However, since 2019, our zone has been locked in a vortex of intractable and unexplainable security issues that seem to have defied solution.
“Painfully, the southeast governors have capitalised on the ugly situation to increase their security votes, without any commensurate improvement in security.

“We make bold to say that the factors militating against security of life and property in the southeast are not entirely unknown.

“Rather, what is unknown is why the governors of the zone have elected to profit from the malaise, whilst the Federal Government on its part sees it as an opportunity to show force or demonstrate military might.

“The resultant effect and impact of the military operations in the south-east leaves much to be desired”, the group stated,” it said.

The group, therefore, appealed to President Tinubu to unconditionally release Nnamdi Kanu in order to douse the l being generated by his incarceration.
It also urged the federal government to send strong caution to Simon Ekpa, an acclaimed member of the proscribed IPOB, through the Embassy of Finland in Nigeria.
The group assured Ndigbo of its continued pursuit for the preservation of peace and social harmony in the region.(NAN)(www.nannews.ng)
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edited by Sadiya Hamza

Alleged contract breach: Nigerian seeks 0m damages against Google, GoDaddy.Com
Judiciary

Alleged contract breach: Nigerian seeks $150m damages against Google, GoDaddy.Com

By Taiye Agbaje

A Nigerian, Mr Chianugo Peter, has sought a 150 million dollars compensation from Google and GoDaddy.com over allegations bordering on the shutdown of his YouTube Audio domain name after eight years of promotional and marketing works.
Peter, through his lawyer, Emmanuel Ekpenyong of Fred-Young & Evans LP, filed the suit before Justice Obiora Egwuatu of a Federal High Court, Abuja.
The plaintiff, in the application marked: FHC/ABJ/CS/238/2023, sued GoDaddy.Com LLC and Google LLC as 1st and 2nd defendants.
In the suit filed April 14, sought the court declaration that he registered the YouTube Audio business name, commenced trademark registration on the logo of the business name and secured the YouTubeAudio.com domain name from the GoDaddy in good faith to carry out genuine business to host his application thereon to attract users.
He also sought a declaration that since GoDaddy and Google encouraged him to make use of the YouTubeAudio.com domain name for the past eight years, “they are estopped from claiming that the domain name infringes any of their trademarks or deny the plaintiff the use of the YouTubeAudio.com domain name.
“A declaration of this Honourable Court that the plaintiff is entitled to compensation from the defendants for the loss of the YouTubeAudio.com brand and goodwill which has accrued on the brand and domain name for 8 years of promotional and marketing works from 2nd July, 2015 to 7th December, 2022.
Peter, therefore, sought an order directing the defendants to pay him the sum of $50 million for promotional and marketing works on the YouTube Audio business name and YouTube Audio.com domain name for eight years from July 2, 2015 to Dec. 7, 2022.
“An order of this Honourable Court directing the defendants to pay the sum of US $ 100, 000, 000 (One Hundred Million United States Dollars) to the plaintiff for loss of anticipated profits associated with the brand equity and goodwill of YouTube Audio and YouTube Audio.com domain name.
“An order of this Honourable Court directing the defendants to pay the Plaintiff the sum of N50, 000, 000 (Fifty Million naira) to enable the plaintiff to carry out fresh registrations of its new name and secure an alternative domain name to host its application to attract users.
“An order of this Honourable Court directing the defendants to pay the sum of N10, 00, 000 (Ten Million naira) paid to the plaintiff’s counsel for prosecution of this suit.”
In the statement of claim, Peter said he was the owner of the YouTube Audio, also known as YTAudio which could be accessed through platforms such as Google Play Store and Apple Store in Nigeria.
According to him, YouTube Audio is a creative mobile application that encourages users to be more creative and enjoy utilising audio as a primary source of entertainment, information, and expression.
He said sometime in 2015, he acquired YoutubeAudio.com and YoutubeAudio.ca. domain names from GoDaddy without any caveat that it infringed the YouTube trademark or any other products of Google.
He further averred that in that year when he applied to GoDaddy to obtain the YouTubeAudio.com and YoutubeAudio.ca domain names, GoDaddycarried out an availability check and confirmed that the names were available for him.
Peter said GoDaddy did not inform him that neither YouTubeAudio.com nor YoutubeAudio.ca domain name was similar to YouTube or any trademark of Google.
“It was upon this premise that the plaintiff consistently paid for the domain name and carried out promotional and marketing works on the domain name,” he said.
Besides, he said from 2015 to April 2022 when he carried out extensive promotional and marketing works on the domain name, Google did not lay claim to the domain name or insist that it was similar to the YouTube trademark.
The plaintiff said he even paid Google to host the YouTube Audio.com application on the Google Play Store in 2021 without any query that the domain was similar to the YouTube trademark or any of its other trademarks.
Peter said the YouTube Audio was duly registered on Feb. 22, 2016 as a business name with the Corporate Affairs Commission (CAC) under the laws of the Federal Republic of Nigeria as BN 2395035 and continuously filed tax returns with the Federal Inland Revenue Service in Nigeria (FIRS).
He said the domain was fully established and had a management team, business address, foreign and local bank accounts with several banks, including master card and cheque books.
He said it was after eight years of serious promotional and marketing works on the YouTubeAudio.comdomain name to make it attractive to users and launch its application thereon that the defendants suddenly claimed that the domain name was similar to the YouTube trademark.
Peter, who stressed that GoDaddy registered the YouTube audio.com domain name and gave him the assurance that he had acquired a right over the name.
He insisted that Google also gave him the assurance that he had acquired a right over the name when it took no action throughout the eight years period when he carried out promotional works on the name and even gave approval for the YouTube Audio application to be listed on Google Play Store in 2021.
He said it was based on the assurances of the defendants that he relied upon and incurred tremendous cost and expenses in registering and branding the YouTube Audio.com business and domain name and carried out wide promotional works on the name for eight years.
According to him, on 29th April, 2022, the 2nd defendant (Google), through its Solicitor, Aluko & Oyebode contacted the plaintiff to express its concerns about YouTube Audio and its similarities with YouTube.
He said Google’s lawyer called for amicably settlement of the issue and advised him to change its business name, social media pages, domain names and trading style to YTAudio.
He said through his lawyer, he agreed to an amicable settlement of the issue only if Google was willing to compensate him.
He said instead of taking steps to compensate him, GoDaddy shut down his domain on a claim that it infringed the YouTube trademark after an arbitration proceedings against him before the Forum under the Uniform Domain Name Dispute Resolution Policy, adopted by the Internet Corporation for Assigned Names and Numbers (ICANN).
According to him, on the basis of the forum’s decision, the 1st defendant shut down the plaintiff’s YouTubeAudio.com domain name and transferred it to the 2nd defendant on 7th December, 2022.
Peter argued that Google did not have a monopoly of the “YouTube” acronym and that was why there were other independent companies and domain names with the “YouTube” acronym such as “YouTube Downloader”, “YouTube Promoter”, “ssyoutube.com”, “YouTube to MP4 Converter” amongst others.
He said that the defendants acted against the assurances they gave him that he acquired a right over the YouTube Audio.com domain name when they commenced arbitration against him and took over the name without any compensation.
When the matter came up for report of service of originating processes on the defendants, only the plaintiff lawyer, Ekpenyong, and counsel to Google, Mark Mordi, SAN, were in court.
Justice Egwuatu adjourned the matter until Oct 11 for mention.(NAN)(www.nannews.ng)

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edited by Sadiya Hamza

Kogi election: Court dismisses Achimugu’s case against APC, Ododo 
Judiciary

Kogi election: Court dismisses Achimugu’s case against APC, Ododo 

By Wandoo Sombo
The Federal High Court in Abuja, on Tuesday, dismissed a case filed by Abubakar Achimugu against the All Progressives Congress (APC), its governorship candidate in Kogi State, Usman Ododo, Ozigi Deedat and INEC for lacking in merit.
Justice Obiora Egwuatu who delivered the judgement in the suit marked “FHC/CS/585/2023: Achimugu v. APC & 3 Ors”, said the cause of action, which arose on April 14, 2023, was not statute barred, but that the Plaintiff’s case was bereft of merit.
The court also affirmed Ododo as the lawful candidate of APC in Kogi having validly resigned his appointment from Kogi civil service before contesting the primary election.
Achimugu also of APC anchored his suit  on the grounds that Ododo, as at the time he contested the primary election to fly the flag of APC in the Nov. 11 election in Kogi, were still public servants in the state civil service.
In the judgment, Justice Egwuatu held that contrary to the claim of Achimugu, evidence showed that Ododo resigned his appointment more than 30 days before participating in the APC primary.
The judge said that exhibits tendered by the defendants showed that while Ododo’s resignation letter was received by the Office of the Kogi governor on March 8, that of the 3rd defendant, Mr Salami Deedat, was received on March 9.
“I have examined the letters of resignation filed by the defendants, they were addressed to the Kogi governor and were duly received and signed.
“A resignation letter becomes effective once it is received and accepted by the relevant authority. It is not when the authority replies the letter that it becomes effective.”
The judge held that where a letter of resignation has been received and duly signed, it takes effect and the employee would not be held responsible if the employer continues with the payment of salary.
The court said it was convinced that the defendant resigned his appointments as Auditor-General for Local Governments and Deedat as Commissioner for Local Governments respectively before contesting the primary election.
“I am satisfied that they resigned their appointments from Kogi government on March 8 and 9 respectively more than 30 days before the April 14 primary election.
“I hold that this suit is bereft of any merit and accordingly dismissed,” the judge said.
Earlier, the court dismissed the preliminary objection of the defendants claiming that the suit was statute barred having not filed it within 14 days as required by law.
The judge agreed with the plaintiff that the cause of action actually occurred on April 14, when Ododo and Deedat contested the primary and not when they purchased the expression of interest and nomination form.
The News Agency of Nigeria, (NAN) reports that the Independent National Electoral Commission, (INEC) had on April 15, declared Ododo winner of APC primary election to elect a candidate for the party’s for the Nov.11 governorship election in the state.
Miffed by this,  Achimugu approached the court asking that the primary election be nullified and Ododo be disqualified from contesting the governorship election on grounds that he was still an employee of the Kogi government when he contested.
The plaintiff in the suit marked: FHC/ABJ/CS/584/2023, claimed that Ododo breached Section 182 of the Constitution, Section 84 of the Electoral Act, 2022, and Article 7 of the APC’s Constitution in participating in the April 14 governorship primary of the APC.
Achimugu argued that Ododo’s failure to resign his appointment with the Kogi government, 30 days to the primary, made him ineligible for the Nov. 11guber poll.
Listed in the suit as defendants were the APC, Ododo,  Deedat and INEC as 1st, 2nd, 3rd and 4th defendants.
Amongst the issues brought before the court for determination was  whether Ododo was eligible to participate in the governorship election slated for Nov. 11.
This was in view of the fact that both at the time of submitting their nomination and expression of interest forms, were still  civil/ public servants and employees of Kogi government.
This they said was contrary to the provisions of Section 182 (2), Section 84 (10) and (11) of the Electoral Act, 2022 Guidelines for the nomination of candidates.
The plaintiff said that if the answer was in the affirmative,  the court should amongst others declare that Ododo and Deedat were not qualified or eligible to have participated in the primary election.
This was on the grounds of being persons both employed in public service of Kogi, having failed and neglected to resign, withdraw or retire from employment at least 30 days to the April 14 when the primary election was conducted.
“An order of perpetual injunction restraining Ododo from parading himself as gubernatorial candidate of the APC.
“An order restraining APC and INEC from dealing with Ododo as the governorship candidate of the APC.
 “In the event Ododo was declared winner of the Nov.11 gubernatorial election before the case was fully determined, the certificate of return issued to him by INEC should be withdrawn.”
 Mr Josiah Daniel-Ebune, counsel to Achimugu, told newsmen after the court proceedings that he would brief his client on the judgment to know the next line of action.
APC was represented by Abdulwahab Muhammed SAN; Ododo was represented by M.Y. Abdullahi SAN, and INEC, by AA Adeniyi SAN.(NAN) www.nannews.ng
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Edited by Sadiya Hamza
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