News Agency of Nigeria
Appeal Court upturns N579bn stamp duty payment case in CBN’s favour
Judiciary

Appeal Court upturns N579bn stamp duty payment case in CBN’s favour

By Taiye Agbaje

The Court of Appeal in Abuja on Wednesday, reversed the Federal High Court (FHC) judgment that ordered the Central Bank of Nigeria (CBN) to pay Kasmal International Services N579 billion for its involvement in stamp duty collection.

Justice Adebukola Banjoko, while delivering the majority judgment, agreed with the CBN’s argument that the company had no legal right to have been engaged by the Nigerian Postal Service (NIPOST) from the outset.

The News Agency of Nigeria (NAN) reports that Justice Inyang Ekwo of FHC had, on Oct. 11, 2024, ordered the apex bank to pay N579,130,698,440 interest to Kasmal within a specified period.

The judge also ordered the payment of a 10 per cent annual interest rate on the judgment sum from Jan. 1, 2015, to Jan. 31, 2020.

Justice Ekwo had ruled that the CBN had paid Kasmal a total of N10.3 billion, representing 15 per cent of remitted stamp duties by all Deposit Money Banks (DMBs) between Jan. 1, 2015 and Jan. 31, 2020, via the CBN NIPOST Stamp Duty Collection Account No. 3000047517.

He held that the CBN could not backtrack from its contractual agreements with Kasmal and NIPOST.

Kasmal’s lawyer, Alex Izinyon, SAN, argued that his client was appointed by NIPOST to represent it in the collection of a N50 charge on all receipts issued by any bank or financial institution as acknowledgment of services rendered for electronic transfers and teller deposits of N1,000 and above, in compliance with the Stamp Duties Act and the Nigerian Financial Regulations 2009.

In the CBN and Attorney General of the Federation (AGF)’s 17 reasons listed in their notice of appeal dated Oct. 24, 2024, Chief Niyi Akintola expressed dissatisfaction with the lower court ruling.

Akintola contended that the lower court “erred in law,” requiring the Appeal Court to intervene.

The appellants further argued that “the alleged funds Kasmal International seeks to recover were public monies, “which are part of the Federation Account governed by the provisions of Section 162 of the 1999 Constitution (as amended).”

He maintained that, regardless of any previous mismanagement, stamp duties should be paid into the Federation Account and shared among the three tiers of government.

Izinyon opposed the appeal by the CBN, insisting on the contractual agreement his client had with NIPOST.

Delivering judgment on Wednesday in 2/1 ratio, Justice Banjoko held that in the final analysis, the appellate court firmly concluded that the 1st respondent (Kasmal) lacked the requisite locus standi (legal authority) to initiate the suit or claim any lawful entitlement or commission.

“The suit as constituted is fundamentally defective,” she said, adding that the appeal (by CBN and AGF) is allowed and the judgment of the lower court is set aside in its entirety.

“Similarly, you cannot give what you don’t have,” she stated.

She stressed that the lower court “erred in declaring Kasmal’s entitlement to the said commission when in law, there was no legal contract ab initio (from the beginning) between first respondent (Kasmal) and NIPOST.”

The court further concluded that NIPOST had no statutory authority to manage or collect stamp duties and cannot delegate powers it did not have to Kasmal.

In his dissenting judgement of 88 pages, Justice Okon Abang said he found it extremely difficult to agree with the majority judgement that the transaction in question was illegal.

“My conscience will not allow me if I should follow the majority,” he said.

Abang further stated by the ratification of the contract by the AGF and payment of N10.3 billion, he must “now be estopped from keeping the proceeds meant for the 1st respondent (Kasmal).

“The doctrine of unjust enrichment frowns at a party who uses the law to retain the benefit conferred by another without offering compensation.”

He held that the appeal lacked merit and ought to be dismissed and proceeded to dismiss the appeal.

NAN reports that stamp duty is an indirect tax imposed on several financial transactions.

In 2023, the former CBN Governor, Godwin Emefiele, revealed that total revenue collected as stamp duty on behalf of the Federal Government from 2016 to 2022 was N370.686 billion.

Kasmal had approached the FHC to determine its percentage share under its agreement with relevant agencies, particularly NIPOST. (NAN)(www.nannews.ng)

Edited by Sadiya Hamza

Corruption: Our aim is to restore public trust, protect civil liberties – Fagbemi
Judiciary

Corruption: Our aim is to restore public trust, protect civil liberties – Fagbemi

By Vivian Emoni

The Minister of Justice, Lateef Fagbemi, says the Federal Government’s aim in the fight against corruption is to restore public trust in government and ensure protection of civil liberties.

The minister, who was represented by Mrs Beatrice Jedy-Agba, Permanent Secretary of the ministry, made the remark at the commemoration of 2025 African Anti-Corruption Day in Abuja.

The programme was organised by Inter-Agency Task Team (IATT), in collaboration with the European Union (EU), Rule of Law and Anti-Corruption (RoLAC), MacArthur Foundation and Centre for Democracy and Development (CDD).

The programme is themed, “Promoting Human Dignity and the Fight Against Corruption.’’

Fagbemi said the theme compelled everyone to reframe understanding of corruption, not merely as a breach of law or failure of governance, but as a profound violation of human rights and dignity.

He said that corruption had robbed governments of resources that could be used for essential public services while eroding trust in institutions and undermining the very foundation of democratic societies.

‘’Our aim is to restore public trust in government, our commitment to combating corruption, therefore, must go hand in hand with steadfast dedication to the rule of law, due process, and protection of civil liberties.

“As we build resilient institutions, we must also build a culture of dignity where every Nigerian is treated fairly, and every public institution sees service as a moral duty.

“Nigeria remains unwavering in its commitment to fighting corruption,’’ he said.

Fagbemi said that government agencies were working together under the umbrella of the interagency task force and continued to work tirelessly in investigation, prosecution, and recovery.

He said that beyond the statistics and financial implications, corruption represented a direct affront to human dignity.

He called on Nigerians to embed dignity metrics in public service delivery so that service users would feel respected and not humiliated by state.

Fagbemi said that value-based governance was critical as it entailed cultivating an ethos in the public service that prioritised integrity, empathy, and ethical leadership.

He said that every public servant, from the gatekeeper to the highest office holder, must embrace the principles that “a citizen is sovereign and that public office is a public trust.’’

“We must, therefore, urgently invest in civic education, character formation, and public service ethics, particularly at the level of youth engagement and leadership development,’’ he said.

Mrs Jane Onwumere, Head, Technical Unit on Governance and Anti-Corruption Reforms (TUGAR), said the event signified shared commitment in the fight against corruption and a testament to great desire to eradicate corruption.

Onwumere noted that courageous efforts had been made to confront corruption head-on, adding that the theme challenged everyone to connect the dots between integrity and human dignity.

According to her, this is to ensure that anti-corruption strategies do not merely punish wrongdoing but protect the rights and well-being of every citizen.

Onwumere, however, called for recommitment of the stakeholders to ‘’building a continent where transparency, accountability, and respect for human rights are not mere aspirations, but a reality.’’

Speaking also, Dr Orji Ogbonnaya Orji, Executive Secretary, Nigeria Extractive Industries Transparency Initiative (NEITI), said that corruption was more than financial misconduct; adding that it was a direct attack on human dignity.

Orji said that NEITI, the IATT, and regional partners remained firmly committed to the mission for transparency, justice, and for the dignity of every African citizen.

Inspector-General of Police, Kayode Egbetokun, represented by Assistant Inspector-General of the Police, Victor Olaiye, said that Nigeria needed more individuals with strong integrity to effectively combat corruption.

“While laws and institutions are crucial, the presence of individuals who embody honesty and ethical conduct in public service is vital for fostering a culture of accountability and transparency,’’ he said.

Dr Victor Muruako, Chairman of Fiscal Responsibility Commission, (FRC), also said that fighting corruption effectively required strong collaboration among relevant agencies.

According to him, this collaborative approach is crucial for maximising resources, sharing information and coordinating efforts to address the complex nature of corruption. (NAN)(www.nannews.ng)

Edited by Jane-Frances Oraka

Constitution review should reflect people’s views– Ndarani
Judiciary

Constitution review should reflect people’s views– Ndarani

By Ebere Agozie

A Senior Advocate of Nigeria, Mohammed Ndarani, has advised the National Assembly to ensure that the current constitution review reflects the views of the people.

 

Ndarani gave the advice during a press conference on Friday in Abuja.

 

He noted that developments in the country justifies a complete overhaul and comprehensive amendment to the 1999 constitution.

 

He said that the current constitution has gone through five amendments and it is believed that it could be much better.

 

“My stand has always been to draft a totally new constitution but if we must continue to tinker with the same document over and over again, it has to be thorough this time around.

 

“The truth, however, is that the constitution has to be fundamentally solid and take into account the special characteristics of the entity for which the document is being drafted.’’

 

He advised that the process must draw from the peculiarities of Nigeria, the demographics, ethnicity, economic structure as well as the many other current realities.

 

“There is therefore a great need for the National Assembly to make provision for a proper referendum prior to amendments to those critical areas of the constitution.

 

“This is what will give the said constitution or act the touch of the people, imbue it with much-needed legitimacy and bring the laws closer to the people and vice versa.

 

“Considering that the Zonal public hearings are already underway, the voice of the people should be heard to ensure a greater relevance and acceptability of the outcome.

 

“The world over, constitutions are amended to respond to socio-economic, cultural and political changes, so the amendment process must entail the mass participation of the people.’’

 

The senior lawyer said that no constitution is entirely good or completely bad, adding that it depends on the people who apply and implement the provisions.

 

“It must be transparent, credible and rigorous enough to ensure that it is done in the interest of the people, and not to protect the personal interests of some individuals.

 

“In many instances amendments are seen as a means of protecting vested interests as power blocs see the process as a political poker game, rather than a democratic rearrangement to benefit all.’’

 

Ndarani noted that Nigeria is a state founded on the principles of democracy and social justice, emphasising that sovereignty belongs to the people.

 

He questioned the rational behind the removal of  some submissions of the people by the National Assembly, especially the one calling for removal of the immunity clause.

 

“We are talking about fighting corruption at the highest places and they are refusing to allow debate on the removal of the immunity clause.

 

“Who told them to remove those submissions, was it the people? Removal of the immunity clause is part of what the people want.

 

“The people want to be able to hold their leaders accountable and the removal of the immunity clause will help them gather evidence and prosecute erring leaders.

 

“They should allow whatever is the opinion of people on the people’s constitution to prevail.

 

“The review should result in a responsive and efficient constitution that will address structural, fundamental and emerging issues within the Nigerian Federation.

 

“With the right constitution to guide the Nigerian nation, this country has the wherewithal to be one of the leading nations on earth,’’ he added.

 

Ndarani said he aligned himself with the indigeneship bill tabled by the Deputy Speaker of the House of Representatives, Benjamin Kalu.

 

Kalu had proposed a bill to grant indigene status to individuals who have resided in a state for 10 years or married a native.

 

“I see it as a progressive move for national unity. Nigerian citizenship is primarily defined in Chapter 3 of the 1999 Constitution (as amended).

 

“Nobody should be prevented from contesting for a position because his parents were not from a particular city, state or locale. Citizenship should take precedence over other mundane considerations.

 

“That means that you take a position based on citizenship in the state, not on indigeneship and there should be no discrimination.

 

“This citizenship provision is saying that Nigeria is one indivisible nation. It is Nigeria first, before individuals.

 

“The constitution should have state citizenship: that is you know where you come from, but once you have your citizenship, like in the UK, nobody will ask you where you are from.”(NAN)

Edited by Ismail Abdulaziz

Court dismisses scavengers, beggars’ N500m right suit against Wike, others
Judiciary

Court dismisses scavengers, beggars’ N500m right suit against Wike, others

By Taiye Agbaje
The Federal High Court in Abuja has dismissed the N500million suit filed by some vulnerable FCT residents, including scavengers, beggars, petty traders, against the Minister, Nyesom Wike.
Justice James Omotosho, in a judgment, held that the suit filed by their lawyer, Abba Hikima, to enforce their fundamental rights, lacked merit.
Justice Omotosho held that there was no credible evidence in the court record to proof that the rights of the vulnerable people were breached by the defendants.
The judge further held that the only evidence attached to the suit by the applicants’ were online copies of newspaper reports which were not certified by the National Library in line with Section 156 of the Evidence Act.
“In relying on newspaper reports, a party cannot just print or buy a newspaper from vendor and bring it to court without being certified by National Library,” he said, adding that a newspaper report could be forged or doctored with the aim of seeking reliefs.
“This court will not waste its time relying on newspaper reports to prove the truth of the contents therein.
“It is hearsay evidence and no probative value will be ascribed to it.
“This is a reasonable principle of law as allowing parties to rely on newspaper reports as basis for their suit will open a floodgate of litigations as all manner of persons would rush to court to file frivolous suits based on newspaper reports which may not be accurate.
“Thus the suit of the applicant is bound to fail,” he said.
Justice Omotosho also observed that the plaintiff could not name a single officer or agent of the defendants who violated the rights of the vulnerable persons or who participated in the said raid on the said date.
According to the judge, I must say here that the burden to prove the breach of fundamental rights lies on the applicant.
“In the instant case, the appellants had the onus of proving by credible affidavit evidence that their fundamental rights were breached, but they failed woefully to do so,” he said.
He said the lawyer had failed woefully to prove the allegations made against Wike and others.
“The suit of the applicant is filled with bare assertions without any proof whatsoever to establish his claim.
“The facts stated are speculative without any foundation or proof.
“The law is trite that a court of law does not act on speculation but on solid evidence.”
He said the court would not waste its precious judicial time speculating on what happened on Nov.12, 2024 or which persons were arrested or detained if any.
According to the judge, assuming the applicant was able to prove that these vulnerable persons were indeed arrested and detained by the agents of the respondents, would it be deemed to be a violation of their fundamental rights?
“The 1st respondent (Wike) in his counter affidavit stated that the said vulnerable persons are beggars, scavengers and traders who display goods for sale in unauthorised places, defecate in public places, constitute security threat and constitute nuisance in the FCT.
“Also that they have been arrested vandalising public property and even serve as spies to kidnappers and terrorist organisations,” he observed.
He further observed that the FCT minister stated that these actions by the said vulnerable persons constituted violations of the Abuja Environmental Protection Act.
“It is clear that these allegations by the 1st respondent constitute grounds to breach of fundamental rights as they are based on allegations of committing crimes within the FCT.”
The judge held that fundamental rights are not absolute and can be breached in some instances, including suspicion of committing crimes and on grounds of public safety, public order and public health, citing previous Supreme Court decisions to back his judgment.
“It is clear from the above authorities that suspicion of committing an offence is a legal ground to breach the right of a person,” he said.
Addressing Hikima’s argument that the beggars had not committed any offence and should be allowed to carrying on begging, the judge held that “there is no fundamental right to beg and no law outrightly supports public begging or begging as a venture.”
“Even the religious books, such as the Koran, even though it permits begging in certain extreme conditions, frowns against begging as a profession.
“The Holy Prophet Muhammed in one of the Hadiths (Sahih al-Bukhari) was reported to have said: ‘It is better for one of you to take a rope and bring a bundle of wood on his back and sell it, and Allah will save his face because of that, rather than asking the people who may give him or not.’”
Justice Omotosho equally said that the Bible also encourages hard work as indolence would lead to poverty, citing Proverbs 10:4.
The judge said begging, as a full time profession, is usually a result of laziness and indolence on the part of the beggar.
“There is no dignity in begging as we are encouraged to work hard.
“I am aware that some beggars have no choice than to beg due to their physical condition.
“However, this does not stop them from learning a skill which is suited to their condition and can help them earn a decent living.
“Likewise, scavengers who sleep in public places and even defecate in those places without considering the health challenge this may pose to the general populace.”
He observed that the minister, in his argument, said skill acquisition centres as well as vocational and rehabilitation centres were established in Bwari in the FCT where the vulnerable people could be trained on a skill to help them but they refused to go there.
The judge, therefore, held that allowing homeless persons, scavengers, beggars and unauthorised petty traders to roam around the city without check would amount to a dereliction of duty on the part of the minister which was capable of turning the capital city to an eyesore.
Hence, he said removing them from the Abuja streets cannot be deemed a violation of their fundamental rights in any form of guise.
According to the judge, the reliefs sought by the applicant if granted, is capable of turning the FCT into a haven of all sorts of unwanted and unwholesome activities.
His words: “It is capable of turning the FCT into a safe haven for the destitute and vagabonds around the country.
“This cannot be the intention of the drafters of the constitution. This can also encourage criminality and breeding ground for all kinds of criminal elements.
“This court will not allow the provision of Chapter 4 of the Constitution to be a legal ground to encourage such acts.
 “Consequently, I hold that any action of the 1st respondent in removing these groups of people pursuant to the Abuja Environmental Protection Act is constitutional and legal.
“I must also comment on the relief for damages sought by the Applicant.
“The applicant is a legal practitioner and brought the action in his name and on behalf of vulnerable citizens of Nigeria.
“This court then wonders how the relief for damages, if same was granted, was to be shared among the said vulnerable citizens, especially as no name or details was provided for these persons.
“It seems to this court that these monies if granted would have ended up in the private pockets of persons not falling within this group of vulnerable citizens.
“However, the failure of this application ensures that this would not be the case.
“In final analysis, the case of the applicant fails in its entirety as there is no credible proof on record to support the reliefs sought.
“Consequently, this application is hereby dismissed for lack of merit.”
The News Agency of Nigeria (NAN) reports that the aggrieved residents, through the lawyer, had sued Wike and the Inspector-General (I-G) of Police as 1st and 2nd respondents, demanding N500million in damages over alleged breach of their fundamental rights.
Hikima, who is the applicant, also joined the Director-General of Department of State Services (DSS), Nigeria Security and Civil Defence Corps (NSCDC), Attorney-General of the Federation (AGF) and the Federal Government of Nigeria as 3rd to 6th respondents respectively.
The lawyer, in the suit marked: FHC/ABJ/CS/1749/2024 dated Nov. 19, 2024 but filed Nov. 20, 2024, said he is suing in public interest for the protection of vulnerable citizens in Nigeria.
He had prayed the court for an order awarding the sum of N500million as general and exemplary damages for the violation of the fundamental rights of the affected citizens.
He prayed the court to declare that “the arbitrary arrest, detention without charges, harassment and extortion of homeless persons, scavengers, petty traders, beggars and other vulnerable Nigerians resident in the FCT, constitute a violation of their fundamental rights.
The rights, he said, are guaranteed under Sections 34, 35, 41 and 42 of the Constitution of Nigeria 1999 (as altered), among other reliefs.
The lawyer, in his affidavit, said the minister gave a directive for the arrest of the vulnerable people on Oct. 22, 2024, and that it was in the guise of enforcing the directive that the joint task force was constituted to carry out the directive.
According to him, it is not a crime to be homeless, beg or embark on a petty trade in Nigeria.
Hikima also attributed their plights to government’s failure and ineptitude in providing vulnerable Nigerians with security and decent lives.
But Wike, the DSS, NSCDC and AGF, in their separate counter affidavits, urged the court to dismiss the suit. (NAN)(www.nannews.ng)
Edited by Sadiya Hamza
Lawyer seeks sanction against MultiChoice over tariff hike despite pending appeal
Judiciary

Lawyer seeks sanction against MultiChoice over tariff hike despite pending appeal

By Taiye Agbaje
A legal practitioner, Festus Onifade, has prayed the Court of Appeal in Abuja to sanction MultiChoice Nigeria Limited, the operator of DStv and Gotv, over alleged continuous increase in the prices of its packages despite the pending appeal.
Onifade urged the appellate court to compel the company to maintain the status quo until the case is decided.
He sought a declaration that the pay-TV company’s price increments during and pending the appeal, “undermines the integrity and sanctity of this honourable court and therefore is unreasonable, illegal and unlawful.”
The News Agency of Nigeria (NAN) reports that MultiChoice had dragged Onifade, Coalition of Nigeria Consumers and Federal Competition and Consumer Protection Commission (FCCPC) to Appeal Court as 1st to 3rd respondents respectively.
The appeal followed the judgment of the Competition and Consumer Protection Tribunal (CCPT) in suit marked: CCPT//OP/1/2022 delivered on Sept. 6, 2022.
The firm, in its notice of appeal on Sept. 6, 2022, said the tribunal erred in law when it held that an aggrieved consumer need not approach the commission with its complaint before filing an action before it (tribunal) as provided by Section 47 and 146 of FCCP Act, 2018.
It argued that the tribunal erred in law when despite the failure of the Ist and 2nd respondents to fulfil the condition precedent to activation of the tribunal’s jurisdiction, held that the panel (tribunal) had jurisdiction to entertain and determine the action.
MultiChoice also argued that the tribunal erred in law when notwithstanding its lack of jurisdiction to entertain the substantive suit, refused to set aside its ex-parte order made on March 30, 2022, restraining the company from increasing its subscription rates pending the determination of the matter.
The appellant, therefore, sought four reliefs, including an order allowing the appeal.
It prayed the court for an order holding that the tribunal lacked the jurisdiction to entertain and determine the substantive suit.
It equally sought an order setting aside the ex-parte order of the CCPT made on March 30, 2022, and an order vacating the judgment made on Sept. 6, 2022.
But Onifade, in his motion in respect of the appeal number: CA/ABJ/CV/1363/2022 file by the company, sought an order restraining MultiChoice from further increasing the prices of its products and services pending the hearing and determination of the appeal.
The motion on notice, dated July 1, was filed on July 4 by the lawyer.
He sought an order restraining the firm from taking any step(s) that may negatively affect his rights pending the hearing and final determination of the appeal.
Besides, he sought an order compelling the FCCPC to monitor compliance, and a demand for N20 million in damages for what he described as a breach of his consumer rights “as a result of the unlawful increments during the pendency of this appeal.”
The lawyer, in the affidavit he deposed to, averred the tribunal had earlier granted an order restraining MultiChoice from increasing prices while the matter was pending.
However, the company allegedly disregarded the order and went ahead with multiple increments, including during the pendency of the current appeal.
“The Appellants have continuously altered the subject matter of the litigation without the court’s leave,” Onifade said.
He said that MultiChoice’s actions risk rendering any future judgment by the appellate court futile.
In his written address, Onifade emphasised that it is a well-established principle in law that parties must maintain the status quo during the pendency of an appeal, especially when the appeal is directly tied to the action being challenged.
“The purpose is to prevent the subject matter of the litigation from being wasted, damaged or altered in a way that would make it impossible to effectively enforce the outcome of the appeal,” he argued.
He stressed that the integrity of the appellate court would be undermined if MultiChoice is allowed to continue with its price adjustments unchecked.
He said his motion would not prejudice the company but rather serve to protect the sanctity of the court and uphold consumer rights during the judicial process.
The court was yet to fix a date for hearing of the case as at the time of the report. (NAN)(www.nannews.ng)
Edited by Sadiya Hamza
Court grants ICPC’s plea to take over lands approved for Goodluck Jonathan Estate
Judiciary

Court grants ICPC’s plea to take over lands approved for Goodluck Jonathan Estate

By Taiye Agbaje
The Federal High Court in Abuja on Wednesday, granted an application by the ICPC to temporarily take over the expanse land approved for the Goodluck Jonathan Legacy Model Housing Estate.
Justice Mohammed Umar granted the application after ICPC’s lawyer, Osuobeni Akponimisingha, moved a motion ex- parte to the effect.
Justice Umar held that the interim forfeiture of the multi billion naira assets approved by the Federal Mortgage Bank of Nigeria (FMBN) shall be pending the hearing and determination of the substantive suit.
The News Agency of Nigeria (NAN) reports that the anti-corruption agency, in the motion ex-parte marked: FHC/ABJ/CS/1124/2025, listed FMBN as sole respondent.
The commission sought an order “temporarily forfeiting Plot No. 5 in Cadastral Zone D12, Kaba District, Abuja measuring approximately 122015.80m2 and valued at N1,944,375,000.00 (One Billion, Nine Hundred Forty-Four Million, Three Hundred and Seventy-Five Thousand Naira).”
It also sought an order temporarily forfeiting Plot No. 4 in Cadastral Zone D12, Kaba District, Abuja, measuring approximately 157198.30m2 and valued at N3,340,500,000.00 (Three Billion, Three Hundred Forty Million, Five Hundred Thousand Naira).”
The lands were suspected of being proceeds of an unlawful activity.
It equally sought an order directing the commission to take over and secure the said immoveable property from being converted to personal use or sold off to unsuspecting members of public.
The ICPC further sought an order directing the commission to publish a notice in any national newspaper for interested person(s) to show cause why the assets should not be permanently forfeited to the Federal Government.
Giving 14 grounds why the application should be granted, the agency said the alleged assets were allocated by the Federal Capital Territory Administration (FCTA) freely for the construction of 962 residential housing units through the FMBN.
In the affidavit deposed to by an ICPC’s officer, Iliya Marcus, he averred that the commission received an intelligence report that the FMBN engaged a private developer to construct 962 of residential housing units under National Housing Fund Scheme.
According to him, the commission in its usual characteristics of proactiveness launched discreet preliminary investigation activities into the said intelligence report and discovered the following:
The FMBN requested and got approval to commence construction of “Goodluck Jonathan Legacy Model Housing Estate” on July 30, 2012.
Marcus said following the approval, a framework agreement between FMBN and Good Earth Power Nigeria Limited was entered on Jan. 27, 2012.
He said sequel to the said framework agreement, the bank appointed a consultant for the project via a letter dated Feb. 1, 2012.
He said the appointment of the consultant was to assist monitor the housing project on behalf of the FMBN to report milestone to enable the bank pay the developer of the proposed estate.
He said investigation revealed that FMBN sought and obtained a loan facility of 65 million U.S. dollars from Ecobank Limited for the construction of the 962 residential housing units through Good Earth Power Nigeria Limited, a private company for the benefit of low-income earners.
He said the tenure of the project was for 18 months.
Marcus said the FMBN, through the then managing director, paid to Good Earth Power Nigeria Limited the sum of N3,785,000,000.00 as drawdown on Nov. 22, 2012.
He said the alleged sum of money was paid as drawdown without evidence of registration with Real Estate Developers Association by Good Earth Power Nigeria Limited as pre-condition for such payment.
“Investigation also revealed that the Federal Mortgage Bank of Nigeria has paid the full project amount of (65 million dollars to Good Earth Power Nigeria Limited without a single house on the project site,” he said.
He said though the FMBN was established by the Federal Government to provide affordable housing support for Nigerians, from actionable intelligence available to the commission, the property developer, Good Earth Power Nigeria Limited, was making clandestine moves to sell off the said immovable property to unsuspecting members of the public.
He said if this is done, it would be difficult to recover the plots of land from them.
The officer added that if the application was not granted, “the way the 65 million dollar was dissipated without anything to show for, the land will follow the same way.”
When the matter was called on Wednesday, Akponimisingha informed the court of the ex parte, seeking the interim forfeiture of the two plots of land.
According to the ICPC lawyer, the land in question was part of a massive housing project initiated during the administration of former President Goodluck Jonathan.
He said the project was reportedly awarded to the developer, said to have received $65 million, equivalent to over ₦14 billion at the time, from FMBN.
The estate, he said, was to be named in honour of the former president.
Akponimisingha, however, told the court that no single house had been constructed on the land since the funds were disbursed.
He stated that the property, presently, now worth over ₦200 billion, and the promoters of the company, including some American nationals, had allegedly fled and remained unreachable.
He explained that though Good Earth Power Nigeria Limited is already facing trial before Justice James Omotosho of a sister court, the forfeiture request was a separate matter aimed at securing the land for the benefit of Nigerians and FMBN.
He urged the court to grant the plea.
In his ruling, Justice Umar granted the interim forfeiture and questioned why the entire project sum was paid upfront without corresponding progress on the ground.
The judge subsequently adjourned the matter until Oct. 27 for report of compliance. (NAN)(www.nannews.ng)
Edited by Sadiya Hamza
Court to rule in Yahaya Bello’s application to travel abroad for medicals
Judiciary

Court to rule in Yahaya Bello’s application to travel abroad for medicals

By Edith Nwapi

Justice Maryann Anenih of an Abuja High Court on Tuesday, adjourned ruling in an application filed by former Governor of Kogi, Yahaya Bello, seeking leave to travel abroad for medical reasons.

Bello and his co-defendants Umar Oricha and Abdulsalami Hudu were arraigned on Nov 27, 2024, on a 16-count-charge bordering on alleged property fraud to the tune of N110 billion.

Anenih adjourned until July 17 after listening to Bello’ s application to travel to the United Kingdom (UK) for medical reasons.

Earlier, Joseph Daudu, SAN, counsel to Bello, told the court that he filed an application, dated June 19, and filed on June 20.

“It seeks an order for the release of the 1st defendant/applicant’s international passport by the registrar to enable him to travel for medical attention,” he said.

He said the application was supported by an affidavit of 13 grounds in the face of the motion and supported by a 22-paragraph affidavit deposed to by the applicant himself.

The EFCC had filed a counter-affidavit, saying granting the request could delay further proceedings.

Daudu, in response to the prosecution’s counter-affidavit, said the defendant had also filed a further affidavit of 20 paragraphs, on July 7, 2025, and deposed to by the applicant himself with two exhibits.

“Exhibits C is the CTC of the ruling of your lordship, admitting the defendant to bail, and Exhibit D is the ruling of FHC admitting him to bail.

“We adopt these documents in urging your lordship to grant our application,” he stated.

Responding to the prosecution’s argument that the application was an abuse of court process in the sense that a similar application was filed at FHC, he argued that it could not be an abuse of court process.

He hinged his argument on the fact that it was the complainant that instituted both charges in the separate courts.

“It will be a futile exercise to apply in one court and not to apply in the other court,” Daudu, submitted.

The prosecution counsel, Chukwudi Enebeli, SAN, while defending the EFCC’s counter-affidavit, said the defendant should have put his sureties on notice with regard to his application to travel out of the country.

According to him, the sureties need to decide whether they would want to continue to stand as sureties for him when he travels.

He added that, by filing the same application at both the FCT High Court and Federal High Court, the defendant’s counsels were setting the courts on a collision course.

“If FHC refuses that application and my lord grants it, it will make mockery of our judicial system,” Enebeli argued.

Enebeli also mentioned that the applicant is on the “red letter alert “and maybe held abroad.

Responding, Daudu said, on the issue of suretyship, the sureties were already aware.

“We need not put them on notice,” he said.

“Finally, on the interpol matter, it is a dead argument.

“He has never flouted your lordship’s order. They themselves have even forgotten about those red alerts,” the lawyer added, urging the court to grant the application.

After listening to both parties, Justice Anenih adjourned until July 17, 2025 for ruling. (NAN)(www.nannews.ng)

Edited by Sadiya Hamza

JAMB: Police arraign 2 for alleged exam malpractice in Katsina
Education , Judiciary

JAMB: Police arraign 2 for alleged exam malpractice in Katsina

By Zubairu Idris

The Police have arraigned two persons before the Federal High Court in Katsina for alleged impersonation and examination malpractice.

The police prosecutor, Abdussalam Danmaidaki, said the defendants, Bolanwu Emmanuel and Ibrahim Abdulaziz, committed the offence on April 30, at Zee Alpha International School, Funtua.

Danmaidaki said that Emmanuel invited Abdulaziz into the exam hall to impersonate him and sit for the 2025 UTME, JAMB examination on his behalf with registration number: 2025515278JA.

The prosecutor said that the offence was punishable under sections 4(2)(a) and (b), and 4(3)(c) of the exam malpractice, Act, Cap E15, laws of the Federation of Nigeria, 2004.

He also said that Abdulaziz, unlawfully and fraudulently presented himself as UTME candidate and wrote the said exam in the same name of Emmanuel with registration number: 2025515278JA.

He said that the offence was punishable under sections 3(1)(a) and (b), and 3(2)(c) of the exam malpractice Act, Cap E15 laws of the Federation of Nigeria, 2004.

The defendants however, pleaded not guilty.

The prosecutor prayed the court to allow time for him to present witnesses.

The presiding judge, Justice Hussaini Dadan-Garba, adjourned the case to July 18, for trial and presentation of witnesses by the prosecution. (NAN)(www nannews.ng)

Edited by Maureen Ojinaka and Yakubu Uba

Alleged N400m fraud: AGF gives I-G go-ahead to prosecute Andy Uba, 1 other
Judiciary

Alleged N400m fraud: AGF gives I-G go-ahead to prosecute Andy Uba, 1 other

Fraud Prosecution Authorized Against Senator Andy Uba

The Attorney-General of the Federation (AGF) has granted the Inspector-General of Police (I-G) permission to prosecute former Senator Andy Uba over alleged fraud involving N400 million.
The charges accuse Uba, alongside co-defendants Benjamin Etu and Hajiya Fatima (currently at large), of conspiring in 2022 to defraud Mr George Uboh by falsely promising to secure the Niger Delta Development Commission (NDDC) Managing Director position for anyone who could pay N400 million.

Originally, Crystal Uba was also charged but was later dropped after the Department of Public Prosecutions (DPP) found no evidence linking her to the offense.

The amended two-count charge, filed in March 2025, is based on evidence including documentary proof and voice recordings submitted by Uboh.

The case, under Federal High Court charge number FHC/ABJ/CR/538/2024, was reassigned to Justice Mohammed Umar following the suspension of the former judge. The defendants are scheduled to enter their plea on September 24, 2025.

While Uba’s defense claims the matter has been settled with payment, the prosecution insists on proceeding after the AGF’s review confirmed a prima facie case.

Uba is currently abroad on medical grounds, according to his lawyer, though the prosecution has challenged the lack of documentary proof for this claim.

Edited by Sadiya Hamza

Senate yet to receive CTC on Akpoti-Uduaghan’s court judgment – Adaramodu
Judiciary , Politics

Senate yet to receive CTC on Akpoti-Uduaghan’s court judgment – Adaramodu

The Senate on Sunday acknowledged the court judgment on Sen. Natasha Akpoti-Uduaghan, saying, however, that it was yet to receive the Certified True Copy (CTC) of the judgment.

The Chairman, Senate Committee on Media and Public Affairs, Sen. Yemi Adaramodu, said this in a statement in Abuja.

He said that the CTC of the judgment was necessary for a thorough review and informed determination of the next course of action.

He stated that pending receipt of the CTC, the senate would refrain from taking any step that might prejudice its legal position regarding Akpoti-Uduaghan’s suspension.

“The senate of the Federal Republic of Nigeria acknowledges that judgment was delivered on July 4th by the Federal High Court, Abuja, in the suit instituted by Sen. Natasha Akpoti-Uduaghan.

“However, the senate is yet to be served with the certified true copy (CTC) of the said judgment.

“Our legal representatives, who were in attendance at the proceedings, have confirmed that the complete judgment was not read in open court.

“Consequently, we have formally applied for the CTC to enable a thorough review and informed determination of the appropriate legal response, particularly in view of the uncertainty surrounding whether the court made any direct order nullifying the suspension of Sen. Akpoti-Uduaghan.

“Since no party to the case has been officially served the enrolled order of the judgement, none can enforce any perceived order or relief.

“Pending receipt and examination of the CTC, and acting on the advice of counsel, the senate shall refrain from taking any step that may prejudice its legal position,” he said.

Adaramodu expressed the senate’s commitment to upholding the rule of law, stressing that it would act strictly in accordance with the provisions of the Constitution of the Federal Republic of Nigeria upon full clarification of the court’s pronouncements.

While urging the public to remain patient, he assured of senate’s fidelity to due process, as it awaits CTC of the court ruling to determine the next course of action. (NAN)(www.nannews.ng)

Edited by ‘Wale Sadeeq

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