₦airaland Forum

Delta State Deputy Governor, Kingsley Otuaro on Thursday February 6, 2020 formally presented Staff of Office to the Okpala Uku of Umute Kingdom, HRH Fidelis Chukwuji Oseyenim.

The event was attended by top government officials, leaders from neighbouring communities, Umute sons and daughters residing in different parts of the country and friends of the monarch.

Here are pictures from the event.

A Federal High Court sitting in Lagos has ordered the siezure of an aircraft belonging to Emirates Airline over an N8.1 million  judgment debt.

The order was sequel to a motion filed by Dr Charles Mekwunye seeking for the enforcement of a Supreme Court judgment in a suit between Promise Mekwunye and the airline.

Granting the reliefs sought by Mekwunye, Justice Mohammed Liman, held, "It is accordingly ordered that an attachment is hereby issued on the judgment debtor's aircraft registered as 'A6 Aircraft Type 77W EK: 783/784', or any other aircraft belonging to the judgment debtor which flies into Nigeria Territory, to be arrested and detained until the judgment debt is fully paid: in default after 30 days, the aircraft shall be auctioned to satisfy the judgment debt."

The judge also ordered that Emirates Airline shall bear the cost of  maintainance and custody of the detained aircraft.

Miss Mekwunye who was then a student of North Texas University, Denton, Texas USA had in 2008 dragged the airline to court for refusal of boarding of her two-way flight ticket from Dallas to Nigeria and back for no reason and for further refusing to fully refund the cost of the  ticket of American Airline she bought to come back to Nigeria.

She claimed that the airline offered no reason for its action leaving her stranded for days at the airport until she was able to secure a more expensive flight ticket on a longer route to Lagos.

In a judgment delivered on November 15, 2010, the Federal High Court held that the refusal of Emirates Airline to carry Mekwunye amounted to a breach of contract of carriage. 

Consequently, the court ordered full refund of ticket without any deduction or charge, and further granted N2.5 million in general damages and N250,000 in legal costs against the airline.

Emirates appealed the judgment and contended that the trial Judge erred in law when he awarded N250,000.00 in legal fees when the plaintiff claimed 1,000,000.00 but led no evidence.

The airline contended that the award of general damages was contrary to the Montreal Convention which not only limits the damages recoverable but placed obligation to prove wilful misconduct /gross negligence against the airline before the airline can be liable for damages. 

On April 11, 2014, the Court of Appeal upheld the airlines appeal and upturned the award of N250,000 and N2.5million earlier awarded to Miss Mekwunye.

The matter later moved to the Supreme Court and in a lead judgement delivered on February 1, 2019, by Justice Ejembi Eko, the apex court overruled the decision of the Court of Appeal and upheld the earlier judgment of Federal High Court.

The apex court held that the trial court was right in ordering Emirates Airline to pay in the circumstances N2.5m as general damages in addition to ticket refund as the airline cannot rely on the Montreal Convention for limitation of liability when it was guilty of fundamental breach of the contract as argued by the appellant's lawyer Dr. Mekwunye.

The Supreme Court further held amongst other things that the Court of Appeal was wrong to have heard and upturned the decision of the lower court when Emirate Airline never obtain leave of court to file the appeal as to costs.

The apex court also held that the airline's denial of boarding was a repudiation of its contract with Mekwunye and a breach of the fundamental term of the contract which does not entitle it to rely on the Montreal Convention which sets limit  of claims in an action between an airline and it passenger.

The judgment debt plus interest has since accumulated to about N8.1 million as Emirates airlines refuses to comply with the judgment.

A group of Auto-mobile dealers in Lagos state have threatened to drag the Nigerian Custody Service, NIS, to court over the unlawful sealing of their business premises.

https://www.courtnewsng.com/auto-mobile-dealers-threaten-to-sue-nigeria-customs-for-sealing-business-premises/

A leading car lease company, FleetPartners Leasing Limited has extended its corporate car and staff- bus sharing services to more cities across the country.

Chief Executive Officer of FleetPartners, Samuel Ajiboyede in a statement said the increasing demand and success of the two premium services necessitated the decision to take the services to more cities.

Ajiboyede said the corporate car sharing service which allows executive car owners to offer their cars for rent on FleetPartners platform is presently in 10 cities while its newly launched staff-bus sharing service is in Lagos and Abuja.

"Due to the increasing demand on our corporate car and staff bus sharing services, we have taken a strategic decision to extend the two services to more cities. We have now added five more cities to our current 10 locations in the country," he said

Giving insight on how the corporate car service works, Ajiboyede said the service allows people with executive vehicles to become Fleetpartners’ assets partners and turn their vehicles to assets and make more income.

"This model gives corporate organisations the opportunity to only pay for the time used and vehicles are strategically placed close to the point of use for them. This model is cost effective as it ensures no ownership risk to the client or paying for idle time.

"We discovered that a lot of people have idle cars parked in the garage which they only use during special occasions or at weekend. We encourage them to list their vehicles on the platform which we in turn put up for rent on our corporate car sharing platform thereby making the vehicle become an asset instead of a liability.”

Explaining how the staff-bus sharing service works, Ajiboyede said, "The service which we introduced few months back, allows organizations book seats for their precise number of staffs, saving them money which would have otherwise been spent on hiring or leasing a full bus.

"The service is a product of research which identified one of the challenges some companies especially the small ones face in terms of managing transportation for their staff. What we have done is to provide a service that meets that need."

Ajiboyede also noted that the service is available for medium and big companies that do not want to handle the day-to-day hustle of managing vehicles and drivers.

“Basically, the service allows organizations book seats for their precise number of staffs, saving them money which would have otherwise been spent on hiring or leasing a full bus. It allows more than one company staff to book a bus.
Since we rolled out this product, a lot of companies have embraced the service."

A leading car lease company, FleetPartners Leasing Limited has extended its corporate car and staff- bus sharing services to more cities across the country.

Chief Executive Officer of FleetPartners, Samuel Ajiboyede in a statement said the increasing demand and success of the two premium services necessitated the decision to take the services to more cities.

Ajiboyede said the corporate car sharing service which allows executive car owners to offer their cars for rent on FleetPartners platform is presently in 10 cities while its newly launched staff-bus sharing service is in Lagos and Abuja.

"Due to the increasing demand on our corporate car and staff bus sharing services, we have taken a strategic decision to extend the two services to more cities. We have now added five more cities to our current 10 locations in the country," he said

Giving insight on how the corporate car service works, Ajiboyede said the service allows people with executive vehicles to become Fleetpartners’ assets partners and turn their vehicles to assets and make more income.

"This model gives corporate organisations the opportunity to only pay for the time used and vehicles are strategically placed close to the point of use for them. This model is cost effective as it ensures no ownership risk to the client or paying for idle time.

"We discovered that a lot of people have idle cars parked in the garage which they only use during special occasions or at weekend. We encourage them to list their vehicles on the platform which we in turn put up for rent on our corporate car sharing platform thereby making the vehicle become an asset instead of a liability.”

Explaining how the staff-bus sharing service works, Ajiboyede said, "The service which we introduced few months back, allows organizations book seats for their precise number of staffs, saving them money which would have otherwise been spent on hiring or leasing a full bus.

"The service is a product of research which identified one of the challenges some companies especially the small ones face in terms of managing transportation for their staff. What we have done is to provide a service that meets that need."

Ajiboyede also noted that the service is available for medium and big companies that do not want to handle the day-to-day hustle of managing vehicles and drivers.

“Basically, the service allows organizations book seats for their precise number of staffs, saving them money which would have otherwise been spent on hiring or leasing a full bus. It allows more than one company staff to book a bus.
Since we rolled out this product, a lot of companies have embraced the service."

Some suspended Local Government Chairmen and heads of Local Council Development Areas in Ogun State have dragged the State Government and House of Assembly to court over their wrongful suspension.

Also joined in the suit as co-defendant is the Ogun State Governor, Dapo Abiodun.

The Ogun State House of Assembly had on May 3, issued a resolution suspending all political functionaries at the LGs and LCDAs. Acting on the resolution, the state government froze all LG and LCDA accounts in the state.

Addressing a press conference in Lagos last month, the local government chairmen had insisted that their suspension was illegal, unconstitutional and void having been duly elected by the people Ogun state for a three-year term which expires on October this year..

Their lawyer, Monday Ubani, former NBA Vice President stated that having unsuscessfully explored several avenues to make  Ogun sate goverment and House Assembly to reverse their suspension, the only option left for them is to approach the court.

In the suit which has now been filed before the Federal High Court, Ogun State, the suspended chairmen are through their lawyer, Ubani asking the court to declare that the action of the state House of Assembly in suspending them was unconstitutional, illegal, null and void.

The officials are also asking the court to compel the state House of Assembly to lift the suspension placed on them to enable them complete their term.

They are also demanding for
Sum of N500,000,000.00 (Five hundred Million Naira) as damages for the infringement on their fundamental right as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria as amended and the hardship they have suffered as a result of willful deprivation of their entitlements as Council Executives

They also want the court to compel the state government to pay all their entitlements for the past 33 months which they have been denied with effect from the 10th day of October, 2016 when they were duly sworn into office as LG and LCDA Chairmen till the 10th day of October, 2019 when they are expected to leave office.

No date has been fixed for hearing of the suit.

By Henry Ojelu

The Chief Registrar of Lagos State Judiciary, Mrs D.T Olatokun has refuted media reports that she instructed Magistrates not to grant bail to suspects arraigned by the police over monday's #RevolutionNow protest.

In a statement issued by the Public Affair Unit of State Judiciary, Mrs Olatokun was quoted as saying that the report was completely false as no such instruction given by her office.


The statement reads: 'The attention of the Lagos State Judiciary has been drawn to a news report in Sahara Reporters that the Chief Registrar has ordered Magistrates in the state not to grant bail to persons arraigned by police over Monday protest in Lagos.

'We wish to state that there is no iota of truth in the report as no such instruction was given by the Chief Registrar.

'We also wish to state that Magistrate Komolafe of Ebute Meta Magistrate Court in whose court some of the protesters were arraigned actually granted the defendants bail.

"However, in line with generally known and established procedure, admission to bail by the court requires affected individuals to subsequently fulfill the conditions of bail for the bail to take full effect.

"This is purely at the instance of the defendants after the court has done its part and in this particular case, the defendants are in the process of complying with the bail conditions.

"We reiterate that there was no instruction from the Chief Registrar to refuse them bail and employ media organisations to always verify their report to avoid misleading the public."

The People's Lawyer, Monday Ubani Celebrates

By Henry Ojelu

Few years before the Nigerian Biafran war, a child was delivered to the family of Mr. & Mrs Ubi Ubani
of Awomukwu Village in Ikwuano Local Government Area of Abia State. Though born in Olodi Apapa, Lagos, the celebrations in Awomukwu was ecstatic as elders both in diaspora and at home knew that his birth will bring honour, glory and blessing to the Awomukwu Village and by extension Ikwuano Town. On this day, July 27, Monday Onyekachi Ubani was born.

Just after his birth, in the heat of the ensuing Nigeria-Biafra war, the Ubanis’ ran to the East with their crawling son and his elder sister. Monday Ubani became the only child after his parents lost their eldest child, a daughter few years ago to the cold hands of death.

Ubani was brought up in a strict and disciplined environment. He had his primary school education in Awomukwu Primary School where he made credit in his Primary School Leaving Certificate examination.

Ubani later relocated to Lagos where he attended a Secondary Commercial College and obtained his General Certificate of Education commonly known as GCE with 8 credits.

In 1983, Ubani was admitted into the University of Nigeria, Nssuka to study Political Science. His motivating factor then, was the political flamboyancy of politicians like Late Chief Obafemi Awolowo and Late Dr Nnamdi Azikwe. He was swayed by their oratory prowess because they spoke extempore and were politically very colourful. Ubani’s dream of becoming a Political Scientist cum politician however waned as a result of the political adventurism and incursion of the Nigerian Military into Politics in the period of years referred to as ‘’military era’’

He particularly saw the military push of the then General Mohammadu Buhari that led to the overthrow of the Constitutional Government of President Shehu Shagari as an aberration in the practice of politics. He felt he will not realize his political ambition, as a lot of politicians became jobless due to the incursion of the military into the Nigerian Political terrain.

This made him to have a rethink as he decided to study law in the University of Nigeria. He saw in his new found love (law) the opportunity to stand up in defense of the oppressed masses. He saw the activities of the likes of Late Gani Fawehinmi and Femi Falana as a credible example to emulate. He was emboldened because of these Human Right Lawyers and Activists who gave up a greater percentage of their lives for the defense of the oppressed masses of the society.

Ubani’s humble background which made him to see himself as part of the poor oppressed masses got his zeal fired up and was emotional connected to these activists.

After his graduation, from the University of Nigeria, Nssuka in 1989, the young and vibrant Ubani having been armed with LLB Degree with second class upper proceeded to the Nigerian Law School where he also came out with second class upper. He was called to bar in 1990. Mr Ubani is also a Masters Degree holder in Law (LLM) from the prestigeous University of Lagos.

Fondly referred to as MOU by friends and well wishers, Ubani has come a long way both in his chosen profession and in his role as an opinion moulder and a respected voice on national issues in the country.

Not only has he excelled in law practice, he has become a known philanthropist and and advocate of human and peoples’ rights in Nigeria and beyond.

In 2012 he contested and won the chairmanship position in the ever vibrant Nigerian Bar Association, Ikeja Branch and took the branch to the level that no previous or those after him had reached.

His leadership quality and friendship revived the divided branch and made it a very united branch that its voice was feared and respected nationally during his tenure. It was therefore very easy for him when he aspired to the position of the vice presidency at the national level.

He was adopted by the Eastern Bar Forum of lawyers in which he is a member and returned unopposed at the national election of the association that took place in 2016 and became elected with the highest votes even more than that of the president of the Association, an indication of his popularity within the legal circle.

His act of philanthropy includes the saving of the life of Baby Somaya who had a successful heart surgery in India and came back to Nigeria to the waiting arm of MTN and Praise, a musician who collaborated with MTN to donate the sum of 10 million Naira to the baby. The baby is today a landlady and living a normal life.

He also brought to limelight a lady who worked at Murtala Muhammed International Airport in Lagos as a cleaner and returned the sum of 12 million lost money to the owner. That singular act of honesty attracted Mr Ubani popularly known as MOU and his Foundation, Onyekachi Ubani Foundation and they swung into action and got the lady introduced to Nigeria as the face of a true and honest Nigerian through the mainstream and social media.

The reward to the lady came in torrents: awards, money gifts, employment opportunities and handshakes with the high and mighty in Nigeria. In fact that promotion of her virtue brought her a husband last year. She is happily married to her heartthrob.

Mr Ubani whose tenure as the 2nd Vice President of NBA will end this August will return to concentrate to his private practice where he hopes to attain the highest distinction in his chosen profession and possibly aspire for other national or professional office to exhibit higher leadership quality that he has learnt and imbibed over the eyes.

The plethora of awards that adorn the walls of Ubani’s office and home are true attestation that the labour of this indefatigable humanitarian has not escape the watchful attention of many credible local and international organizations.

Ubani is married to Lady Faurstina of Okwelle IMO State and is blessed with four lovely children, one of whom is a law graduate waiting for his Law school education in Nigeria.

As this man who have become a voice for the voiceless and oppressed celebrate yet another milestone, I join millions of Nigerians to wish him a happy birthday.

Happy Birthday Mr. Ubani

The Nanfa Yakubu Widows Foundation, NYWF, has empowered 200 widows and their children with funds and scholarships support worth over N50 million.

While the widows received between N50,000 to N500,000 funds to support their various vocations and businesses, 54 of their children in primary school, 55 in secondary school and 78 in the university received education sponsorship.

Speaking during the formal presentation of funds to the widows and their children in Lagos, founder of NYWF, Ambassador Mrs Moji Yakubu said the gesture was in honour of her late husband and philanthropist, Barr Nanfa Martin Yakubu who dedicated much of his resources to caring and supporting widows and their children.

Ambassador Mrs Yakubu who is also an investment broker, economic analyst and a consultant for UN agencies and consular missions said there is no better way to keep her husband's memory alive other than to continue his passion of caring for disadvantaged widows and their children.

She said, "What we are doing here today is in continuation with my late husband's passion for widows and their children. He spent the greater part of his life reaching out to underprivileged widows and their vulnerable children.

"It is in keeping up with that passion that I decided to set up the Nanfa Yakubu Widows Foundation to continue his good deeds by giving support and hope to needy widows through empowerment, capacity building and giving them the opportunity to pick up their lives again.

"The same gesture is extended to their children to assist in their basic education, give them reassurance by protecting their dignity and teaching them societal values."

She also noted that the empowerment programme will be a continuous effort and urged well meaning Nigerians to support the cause.

Dignitaries who attended the event included former President, Chief Olusegun Obasanjo, Oba Olusola Alao, business tycoon Otunba Wole Fasawe, the family of the honourable minister of information Alh Lai-Mohammed, Balogun of Egbaland Chief Atobatele, Former MD Gtbank Sierra Leone now UBA plc Directorate Head of Lagos & Western Nigeria, Mr Ayoku Liadi, Andy Igboekwe SAN, representatives of government agencies, Embassies and Consular Missions etc.

A lecture titled 'caring for the carer' was delivered at the occasion by Dr. Mrs Maggie Ibru.

There was a mild drama at the National Assembly Elections Petition Tribunal in Akwa Ibom State when Counsel to the Peoples Democratic Party (PDP) Mr. Solomon Umoh, SAN tried unsuccessfully to prevent a witness, Mr Godwin Afangideh from reading the result from a document presented by the Independent National Electoral Commission (INEC.)

The document was an exhibit presented by INEC in a petition filed by Senator Godswill Akpabio of the All Progressives Congress (APC) challenging the declaration of Engr Christopher Ekpenyong (PDP) as the Senator for Akwa Ibom North West Senatorial District.

Reading from the document given to him by Counsel to PDP, the Witness, Mr Afangide said “My Lord even from this document APC scored a total votes 61,329 and PDP scored 9,050 in Essien Udim Local Government Area and it is recorded here.” Mr Umoh, SAN had attempted to shout down the Witness from reading that part of the document.

Mr Afangide had earlier tendered results collated from Wards across the Local Government Area as given to him by the party agents which clearly showed that Senator Akpabio had won the election in his own Local Government Area with a wide margin.

The Witness expressed surprise at the voters’ register tendered in court and said it was different from the one that was used on election day. He confirmed that he had voted along with his family members.

According to Mr Afangide the elections in Essien Udim Local Government Area were very peaceful as attested to by security agencies, local and foreign observers.

Two Police Officers, the Area Commander, Ikot Ekpene Area Command, Assistant Commissioner of Police, Mr Naziru Bello Kankarofi and the Divisional Police Officer, Essien Udim Local Government, Superintendent of Police, Mr Samuel Isiek, on subpoena tendered situation reports on the conduct of the National Assembly elections.

The reports were duly admitted as exhibits despite the initial objections of Counseld to the PDP, Mr Umoh, SAN, Counsel to the Respondents, Chief Kanu Agabi and Counsel to INEC, MrRobert Emukpoeruo . They reserved their objections till final addresses.

Another Witness, Dr Chris Akpan who was a Ward Collation Agent told the Tribunal that the results that were declared by INEC in Uyo did not reflect collated results from the Units and Wards of the Local Government Area.

Reacting to suggestions by the Counsel to INEC that results from the Local Government Area of Senator Akpabio were cancelled because of violence, the Witnesses expressed surprise and said they were hearing of violence for the first time in the Tribunal.

Senator Akpabio had so far called 14 Witnesses mostly Ward Agents who have tendered duly collated results. Results so far tendered showed he had led his opponent with a wide margin before INEC cancelled the results in Uyo.

The Chief Judge of Lagos State, Justice Opeyemi Oke will on June 10, 2019 retire from public service having attained the statutory 65 years retirement age.

READ MORE: https://www.courtnewsng.com/lagos-cj-retires-june-10-justice-alogba-to-step-in/

By Henry Onyema

Since MTN officially entered into the Nigerian Telecoms Market in 2001, the company has had a notorious history of flagrant disregard for extant Nigerian Laws. Here are many instances.

(1) N330 BILLION FINE FOR UNREGISTERED LINES

As part of efforts to check terrorism, kidnapping and other heinous crimes in the country, the Nigerian Communications Commission, NCC issued a directive to all telecoms companies operating in the country to ensure that all active telephone lines in the country were registered. A fine of N200, 000 per telephone line was fixed as penalty for non-compliance. While other telecom firms made significant effort to ensure substantial compliance, MTN practically took the regulator for granted and continued to allow unregistered Sim-cards to make active calls on its network. The reckless action of MTN gave leeway to insurgents in the Northern parts of the country to unleashed mayhem on the nation.

When NCC undertook its first assessment of compliance in 2015, the regulator discovered that MTN was in flagrant breach of its directive. According to NCC findings, about 5.2million subscribers on MTN network were unregistered.

Irked by the barefaced disregard for the country’s laws, NCC slammed MTN with N1trillion ($255 million) fine. The firm initially sued the regulator, but it backed down later and reached a deal with the authorities to pay a reduced sum of NGN330 billion (around US$1 billion).

There were initial allegations of back-channeling leading to the settlement. For instance, President Muhammadu Buhari's Chief of Staff Abba Kyari allegedly received a US$2 million bribe from top MTN figures to influence government decision in favour of the firm. An investigative panel however cleared Kyari of the allegation. The company was later allowed to settle the fine in three instalments.

An in-house cleansing by the tech firm led to a major resignations among the top echelon of the organization including the chief executive officer, Sifiso Dabengwa, the Head of Nigeria Operation, Micheal Ikpoki and the Head of Cooperate Affairs, Akinwale Goodluck being replaced with Phuthuma Nhleko, Ferdi Moolman and Amina Oyegbola as new chairman, managing director and Head of Corporate and Regulation respectively.

(2) ILLEGAL REPATRIATION OF N8.1 BILLION

Three years after facing a record-breaking $5.2 billion,  MTN,  again ran into trouble with the Nigerian government over the illegal repatriation of $8,134,312,397.63 from the country, in violation of the extant laws and regulations.

The illegal foreign exchange remittances to MTN’s parent company in South Africa, was allegedly done through four Nigerian banks- Standard Chartered Bank, Citibank Nigeria Limited, Stanbic IBTC Bank Limited and Diamond Bank Plc.

The bank's were found to have helped MTN illegally repatriate $8.134 billion between 2007 and 2015, despite the fact that the telecoms giant was in violation of the extant Nigerian foreign exchange and anti-money laundering laws.

The four banks were directed by the CBN to refund the $8.134 billion with immediate effect and were respectively fined  for the various violations regarding the remittances undertaken on behalf of MTN Nigeria.

How the illegal act was carried out

After the issuance of its operating licence by the Nigerian Communications Commission (NCC) in 2001, the shareholders of MTN Nigeria invested the sum of $402,590,261.03 between 2001 and 2006 to fund its investments in the country by way of inter-company loans and equity investments.

The investments were carried out through the inflow of foreign currency cash transfers and equipment importation, which was evidenced through the Certificates of Capital Importation (CCIs) issued by the four banks.

The CCIs issued at the time of the investment of $402.6 million showed that $59,436,923.44 was invested by way of a shareholder loan and $343,153,339.56 as equity.

However, this position was contrary to MTN’s financial statement for the year ended December 31, 2007, which showed that $399,594,146 was invested in the firm by way of a shareholder loan and $2,996,117 was invested as equity investment, in accordance with the shareholder’s agreement, but contrary to CCIs issued by StanChart, Citibank and Diamond Bank.

This was deemed as a rendition of false returns by the banks to the CBN.

Following  MTN’s request through StanChart for CBN’s approval to convert the $399.6 million to preference shares, an approval-in-principle was granted by the central bank vide a letter dated November 13, 2017; with the grant of a final approval after MTN must have fulfilled certain conditions.

The conditions were for the implementation of the decision through a board resolution by MTN and the submission of documentary evidence to that effect to the Director, Trade and Exchange Department with the CBN.

The second condition was for the provision of an undertaking that no remittances will be made for either of the interest or the principal repayment would be made to the shareholders from the date of the loan to the date they converted to preference shares.

But MTN failed to meet the conditions, and despite its non-fulfillment of the conditions, which led to the non-issuance of a final approval by the CBN, the telecoms firm went ahead to convert the shareholders’ loan to preference shares, following which StanChart issued new CCIs in respect of the illegal conversion.

On account of the illegal conversion of the interest-free shareholder loan of $399.6 million, the sum of $8.134 billion was illegally repatriated on behalf of MTN by the four banks between 2007 and 2015.

Other findings made by the CBN included the discovery that StanChart issued three CCIs outside the regulatory 24 hours without the approval of the central bank.

StanChart, also in contravention of Memorandum 24(ii) of the Foreign Exchange Manual, which stipulates that CCIs should be transferred based on a customer’s instructions to a bank of the customer’s choice along with the transaction history of the CCI, StanChart provided confirmations to Citibank and Diamond Bank, instead of transferring the CCIs to them as required by the FX Manual.

It was discovered that the two banks, on the strength of StanChart’s confirmation, subsequently remitted various sums as dividend from MTN Nigeria at different times.

Owing to the hefty infractions committed by StanChart, the Central Bank ordered the bank to refund $3.448 billion with immediate effect to the CBN, being the sum repatriated by the bank on the basis of illegally issued CCIs.

It also fined the bank to the tune of N2,470,604,767.13 for the various violations of the extant laws and regulations in its foreign exchange dealings regarding the remittances on behalf of MTN.

In September, 2018 MTN filed an action before the Federal High Court, Lagos seeking to restraining CBN from implementing sanctions against it over the alleged illegally repatriated fund. The firm in December, however backed out of the suit and agreed to settle a negotiated fined which was later reduced by CBN to $52.6 million.

(3) $2 BILLION UNPAID TAX

MTN reputation was dealt a further blow when the Federal Government after a thorough investigation, uncovered its unpaid  $2bn in tax arrears on imported equipment and payments to suppliers.

The Attorney General of the Federation and Minister of Justice, Abubakar Malami, in a letter to the company, said the import duties, Value Added Tax and withholding taxes on foreign imports/payments dated back to 10 years.

The attorney general notified MTN that his office made a high-level calculation that MTN Nigeria should have paid approximately $2bn in taxes relating to the importation of foreign equipment and payments to foreign suppliers over the last 10 years.

News of the unexpected tax bill sent MTN shares tumbling by as much as 7.5 percent to an almost 10-year low in the Johannesburg Stock Exchange.

Immediately the discovery was made, MTN again ran to the court seeking a restraining order against the Federal Government.

The matter is ongoing and as at the last hearing, was adjourned to June, 26, 2019.

(4) MASSIVE CASUALIZATION OF WORKER

Although Nigeria is MTN's biggest market, the company in total regard for Nigerian Labour Laws, has one of the largest number of casual workers.

MTN Nigeria, since it commenced operations in Nigeria and in clear violation of extant national and international labour laws, especially ILO Conventions 87 and 98 has denied its workers the fundamental principles of the rights at work.

It similarly indulges in other anti-labour practices such as casualisation for nearly all types of work, fixed- term contract work for Nigerian workers, worst forms of precarious work, etc.

Last year, the Nigeria Labour Congress, after series of appeal decided to picket office of the company Nationwide to press home their demand to end the wicked labour practice. Many offices of the company were shut down by labour leaders in effort to force it to comply with Nigerian Labour Laws.

(5) ILLEGAL CAPITAL MARKET LISTING

MTN Nigeria officially listed its shares on the floors of the Nigeria Stock Market, MTN, last week but unknown to many Nigerians the entire process is a big sham waiting to be exposed.

Contrary to Security and Exchange Commission, SEC,  guidelines, the company failed to disclose to regulators legal disputes which when  decided by the court may adversely affect the true share value and structure of the company. By implication, such suits, when decided, may ultimately rendered the listing of MTN shares null and void.

One of such suits, is the one filed by a senior legal practitioner, Dr. Charles Mekwunye before a Federal High Court sitting in Abuja seeking to stop the planned listing of MTN shares on the floor of Nigeria Stock Exchange.

In the suit marked as FHC/ABJ/CS/2019, Dr Mekwunye is asking the court for a perpetual injunction restraining SEC from going ahead with the listing of MTN shares pending the determination of a suit number  before the Supreme Court bothering on alleged breach of contract in the massive divestment of MTN assets filed at the Federal High Court, Lagos and two other appeals no SC/502/2018 and SC/503/2018.

The plaintiff is also asking the court to direct the defendants to maintain status quo ante regarding the listing of MTN shares and a further order nullifying all approvals given to MTN by SEC and NSE towards facilitating the listing of its shares.

Mekwunye is also praying the court for an order of mandatory/ restorative injunction setting aside and or nullifying all actions taken including notices, resolutions and authorizations etc by MTN with a view to facilitating the listing of its shares.

Dr. Mekwunye had in 2008 dragged MTN, Lotus Capital and Stanbic IBTC Asset Management, IHS Holding LTD and INT Towers Ltd before the Federal High Court over alleged breach of contract and the alleged unlawful massive divestment of MTN assets to INT Towers

Mekwunye claimed at the lower court that MTN through its appointed nominee, Stanbic IBTC Asset Management and LOTUS Capital defaulted in a share investment agreement with him.He urged the court then, to restrain MTN from listing its shares on the stock market pending the determination of the suit.

But ruling on a preliminary objection raised by MTN on the competence of the suit, the trial Judge, Justice Mojisola Olateru, asked parties in the suit to explore the arbitration clause embedded in the contract between Dr. Mekwunye and Lotus Capital, Stanbic IBTC and MTN.

Dissatisfied with the ruling of the lower court, Mekwunye filed a motion on notice on February 26, 2018 at the Court of Appeal arguing that an arbitration clause in agreement between him and MTN cannot be used to determine the suit involving IHS Holdings Ltd and INT Towers Ltd who are not parties to the arbitration clause.The Court of Appeal in its ruling also asked parties in the suit to pursue arbitration earlier pointed out by the lower court.

Still not satisfied with the ruling of the Court of Appeal, Mekwunye took the matter to the Supreme Court, insisting that the crux of the matter is the failure of the respondents to list MTN shares in NSE in 2011 as agreed by parties and that until the suit is properly determined, MTN ought not to be allowed to list its shares at the stock market.

In total disregard of this court action which was served on SEC and NSE and was received by Okpobia Oghenekevwe, NSE Head of legal at about 9:12am on May 16 before the listing of MTN shares  in accordance with the affidavit of service file by the baillif of the court which has grave consequences on its share structure, MTN forged ahead with its listing agenda.

These pending litigations should be of concern to regulators, Nigerians and foreign investors as Nigeria is surely a nation of rule of law.

[color=#000099][/color]The Nigerian Stock Exchange, NSE, has been formally served with the processes of a suit filed by Lagos lawyer, Dr. Charles Mekwunye seeking to stop the official listing of the shares of MTN on the floor of the stock market.

The court process was served on NSE before 9:00am today.

NSE Head of Litigation and ADR, Okpobia Oghenekewe signed an received the process containing motion on notice, affidavit in support of motion, written address, originating summon and exhibits on behalf of the NSE.

With the service of court process, it is uncertain whether NSE and Security and Exchange Commission, SEC will still go ahead with official ceremony announcing the listing of MTN shares.

In the suit marked as FHC/ABJ/CS/2019, Dr Mekwunye is asking the court for a perpetual injunction restraining SEC from going ahead with the listing of MTN shares pending the determination of a suit before the Supreme Court bothering on alleged breach of contract in the divestment of MTN assets.

In the originating summons filed before the Federal High Court, Dr Mekwunye is asking the court to determine whether SEC can approve the listing of MTN shares in the Nigeria Stock Exchange in view of the pending suit before the Supreme Court.

In a Motion on Notice of Interlocutory Injunction, Dr Mekwunye is praying the court for an order of interlocutor injunction restraining the defendants or their agents from advertising, publishing or listing MTN shares on the Nigeria stock exchange pending the hearing and determination of the substantive suit.



The plaintiff is also asking the court to direct the defendants to maintain status quo ante regarding the listing of MTN shares and a further order nullifying all approvals given to MTN by SEC and NSE towards facilitating the listing of its shares.



Mekwunye is also praying the court for an order of mandatory/ restorative injunction setting aside and or nullifying all actions taken including notices, resolutions and authorizations etc by MTN with a view to facilitating the listing of its shares.



Dr. Mekwunye had in 2008 dragged MTN, Lotus Capital and Stanbic IBTC Asset Management, IHS Holding LTD and INT Towers Ltd before the Federal High Court over alleged breach of contract in the massive divestment of MTN assets.


Mekwunye claimed at the lower court that MTN through its appointed nominee, Stanbic IBTC Asset Management and LOTUS Capital defaulted in a share investment agreement with him.He urged the court then, to restrain MTN from listing its shares on the stock market pending the determination of the suit.

But ruling on a preliminary objection raised by MTN on the competence of the suit, the trial Judge, Justice Mojisola Olateru, asked parties in the suit to explore the arbitration clause embedded in the contract.

Dissatisfied with the ruling of the lower court, Mekwunye filed a motion on notice on February 26, 2018 at the Court of Appeal arguing that an arbitration clause in agreement between him and MTN cannot be used to determine the suit involving IHS Holdings Ltd and INT Towers Ltd who are not parties to the arbitration clause.The Court of Appeal in its ruling also asked parties in the suit to pursue arbitration earlier pointed out by the lower court.

Still not satisfied with the ruling of the Court of Appeal, Mekwunye took the matter to the Supreme Court, insisting that the crux of the matter is the failure of the respondents to list MTN shares in NSE in 2011 as agreed by parties and that until the suit is properly determined, MTN ought not to be allowed to list its shares at the stock market. The Supreme Court is yet to give final verdict on the matter.

A legal practitioner based in Lagos, Dr. Charles Mekwunye has dragged the Security and Exchange Commission, SEC, before a Federal High Court sitting in Abuja seeking to stop the planned listing of MTN shares on the floor of Nigeria Stock Exchange.

In the suit marked as FHC/ABJ/CS/2019, Dr Mekwunye is asking the court for a perpetual injunction restraining SEC from going ahead with the listing of MTN shares pending the determination of a suit before the Supreme Court bothering on alleged breach of contract in the divestment of MTN assets.

Joined in the suit as co-defendants are MTN and Nigeria Stock Exchange, NSE.

In the originating summons filed before the Federal High Court, Dr Mekwunye is asking the court to determine whether SEC can approve the listing of MTN shares in the Nigeria Stock Exchange in view of the pending suit before the Supreme Court.

In a Motion on Notice of Interlocutory Injunction, Dr Mekwunye is praying the court for an order of interlocutor injunction restraining the defendants or their agents from advertising, publishing or listing MTN shares on the Nigeria stock exchange pending the hearing and determination of the substantive suit.



The plaintiff is also asking the court to direct the defendants to maintain status quo ante regarding the listing of MTN shares and a further order nullifying all approvals given to MTN by SEC and NSE towards facilitating the listing of its shares.



Mekwunye is also praying the court for an order of mandatory/ restorative injunction setting aside and or nullifying all actions taken including notices, resolutions and authorizations etc by MTN with a view to facilitating the listing of its shares.



Dr. Mekwunye had in 2008 dragged MTN, Lotus Capital and Stanbic IBTC Asset Management, IHS Holding LTD and INT Towers Ltd before the Federal High Court over alleged breach of contract in the massive divestment of MTN assets.


Mekwunye claimed at the lower court that MTN through its appointed nominee, Stanbic IBTC Asset Management and LOTUS Capital defaulted in a share investment agreement with him.He urged the court then, to restrain MTN from listing its shares on the stock market pending the determination of the suit.

But ruling on a preliminary objection raised by MTN on the competence of the suit, the trial Judge, Justice Mojisola Olateru, asked parties in the suit to explore the arbitration clause embedded in the contract.

Dissatisfied with the ruling of the lower court, Mekwunye filed a motion on notice on February 26, 2018 at the Court of Appeal arguing that an arbitration clause in agreement between him and MTN cannot be used to determine the suit involving IHS Holdings Ltd and INT Towers Ltd who are not parties to the arbitration clause.The Court of Appeal in its ruling also asked parties in the suit to pursue arbitration earlier pointed out by the lower court.

Still not satisfied with the ruling of the Court of Appeal, Mekwunye took the matter to the Supreme Court, insisting that the crux of the matter is the failure of the respondents to list MTN shares in NSE in 2011 as agreed by parties and that until the suit is properly determined, MTN ought not to be allowed to list its shares at the stock market. The Supreme Court is yet to give final verdict on the matter

The Oganihu Youths organization in Abia State have raised an alarm over alleged compromised position of the Resident Electoral Commissioner in Abia State.

In a statement signed by its Chairman Ndudim Elekwachi and Secretary Okezie Johnson, the group noted that for the well though out postponement of the election, the Peoples Democratic Party,  PDP in Abia State,  would have  massively rigged the election in favour of their various candidates.

The group  alleged that about ninety percent of names of Returning Officers and Ad Hoc workers of the body for the Presidential and National Assembly Election were names submitted by PDP in Abia State.

It pointed out that former Commissioner of Finance under T.A. Orji and the current provost, Arohukwu College of Education, Dr Philip Nto is among those chosen by INEC to work as Collation or Returning Officer.

The group further alleged that as if that was not enough, an aide to the Governor, namely  Mr Chinenye Nwaogu was fingered by one Mr Felix Obisike  from Nsulu a Village in Isiala Ngwa North, LGA of ABIA State as the one who wrote the results of both the presidential and National Assembly members election results from the three senatorial zones in the state a day before the election.

The group said: "Mr Obisike was caught around the Methodist Church area in Umuahia following information given to some political party officials, near the APC"s office. Obisike who claimed  to be a beneficiary of N-Power, a federal government empowerment program said that he works with the focal person of  the program, Mr Chinenye Nwaogu.

"This young man had several other documents in his bag, including the letter head of the office of the governor of ABIA State as well as already prepared results of the presidential and senatorial elections from the three senatorial zones in the state with INEC headed paper. He heaped the blame of the written results on his boss, Chinenye Nwaogu. He has been handed over to the office of the DSS for proper interrogation, investigation and prosecution. We believe that the DSS will arrest the SA to Abia State Governor on N-Power Mr Chinenye Nwaogu for interrogation and prosecution.

"More worrisome is a lady who was caught with over ten thousand PVCs in her honda car in the State and upon interrogation she confessed that she is working for the current Senator of Abia Central who was the former governor of the State. She was handed over to the Commissioner of Police in the belief that she will be properly interrogated and prosecuted for the heinous crime."

The Group said that in the light of these revelations and happenings, they have lost confidence on the integrity of INEC in Abia State to conduct a free, fair and credible election in the State.

They therefore demand a redeployment of the REC to another State or at worst the change of the names of the INEC workers that will supervise the 2019 General Election in ABIA State.

They promised to resist the conduct of the election in Abia for the 2019 General Election if INEC at the national headquarters does not take heed to these suggestions and want to go ahead with the conduct of the elections next Saturday with those compromised names of supervisory and collation officers.

The former Chairman of Nigerian Bar Association, NBA Ikeja branch, Adesina Ogunlana has been arrested by the Economic and Financial Crimes Commission, EFCC over allegation of fraud.

A reliable source at the commission told our correspondent that Ogunlana was arrested last week and spent three days at the commission's Lagos office answering question about the fraud allegation against him.

The source added that Ogunlana was released last Friday to a former local government chairman of Amuwo Odofin in Lagos State with an instruction to report back to the agency on Monday.

According to the source, Ogunlana made useful statements to the agency.

The process leading to his arrest was initiated through a petition written by three members of the branch alleging that Mr Ogunlana as a former chairman transferred to his personal Account and squandered over thirty million Naira of the branch's funds in cahoot with a former chairman Mr Yinka Faronbi and former Treasuer one Mrs Kappo. Upon receipt of the petition, EFCC extended letters of invitation to the trio but was snubbed by the former executives.

While Mrs Kappo remained evasive and incommunicado, Ogunlana and Faronbi allegedly snubbed the Agency by writing funny letters to them alleging political persecution and blackmailing Mr Femi Falana SAN as the one behind their ordeal.

Every attempt made by EFCC to have them honour and explain their position with regards to the alleged misappropriation of the funds of the branch was resisted by them.

Presently, Yinka Faronbi and Mrs Kappo risk arrest by the Agency unless they surrender themselves willingly and explain their own part on the alleged misappropriation of the funds of the Branch.


From the standpoint of law, Mr Ogunlana has a lot of explanation to do with the brazen transfers of huge sums of money of the branch into his personal account which is contrary to all known operations of the Accounts operation of the branch, more so when the secretary and the Treasurers were never signatories to the massive transfers but done in connivance with the former Chairman Mr Faronbi and former treasurer Mrs Kappo who were not supposed to be signatories at that time.

Some members of the Ikeja Branch of Nigerian Bar Association, NBA has raised an alarm of an alleged looting of the funds of the branch by the Chairman of the branch, Mr Adesina Ogunlana.

The members in a statement circulated in the social media noted that it is strange that despite several petitions over the brazen misappropriation of the branch funds, the national body of the association has refused to initiate an investigation into the matter.

The members however stated that a discreet investigation revealed that over N29 million has so far been siphoned from the association's account and transferred to Ogunlana's account.

They noted that never in the history of the branch has any chairman whether dead or alive embarked on such massive act of impunity and brazen disregard to decency in looting the resources of the branch


The statement reads:"Having waited in vain to get the positive reaction/s of the president of the Bar to the petition they had earlier on written to him , a discrete investigation was carried out by some concerned members of the branch on just one of the major Accounts of the branch and the revelations are startling, confounding and mind blowing.

"The transfers of the money to the personal account of Mr Adesina Ogunlana were not only massive, they were regular and persistent.

"The withdrawals from Wema Bank Account of the Nigerian Bar Association domiciled in Ikeja and paid into the personal Account of Mr OGUNLANA ADESINA IBIYEMI in First Bank Account Number 2004528818 were as follows:

NUMBER           CHEQUE NO.          DATE.           AMOUNT WITHDRAWN

1. 10000177. 19/08/16.  N850,000

2. 10000179. 04/11/16  N1,500,000

3. 10000004. 15/12/16. N200,000

4. 10000180.  22/12/16.  N500,000

5. 10000181. 11/04/17. N1,500,000

6. 10000184.  30/05/17. N400,000

7.  10000183. 30/05/17.   N350,000

8. 10000182. 30/05/17    N210,000

9.  10000187. 14/07/17.N3,500,000

10.10000188. 18/08/17.N5,000,000

11. 10000189. 15/09/17.  N300,000

12. 10000002. 29/09/17. 1,000,000

13. 10000004. 10/11/17.  2,000,000

14. 10000006.08/12/17.  N500,000

15.  10000005. 08/12/17. 2,000,000

16.   10000008. 09/01/18.1,250,000

17.  10000009. 15/01/18. N500,000

18.   10000010. 30/01/18.1,000,000

19.   10000011. 30/01/18.N500,000

20.  10000012. 14/02/18. 1,000,000

21.  10000013. 09/03/18. 1,200,000

22.  10000201. 10/04/18. 2,000,000

23. 10000203.   07/05/18.1,600,000

The one transferred from Zenith Bank (Gani Fawehinmi Account) of the NBA into the same First Bank of Mr Ogunlana Adesina is as follows: 

1. 00000188. 23/12/16. N3,000,000

The one transferred from UBA Account of the NBA Ikeja into the First Bank Account of Mr Ogunlana Adesina Esq is as follows:

1.  00000008. 31/5/17 250,000.



THE TOTAL SUM OF MONEY THAT PASSED FROM THE NBA ACCOUNTS INTO THE FIRST BANK ACCOUNT OF MR OGUNLANA ADESINA WITHIN JUST ONE YEAR OF HIS ADMINISTRATION WITHOUT THE KNOWLEDGE AND CONSENT OF THE CURRENT SECRETARY AND TREASURER  WHO OUGHT TO BE SIGNATORIES TO THE NBA IKEJA ACCOUNTS ARE IN THE SUM OF THIRTY TWO MILLION , SIX HUNDRED AND TEN THOUSAND NAIRA, (32,610,000 Naira). 

"The following riddles need to be solved and urgently too by the branch since the National President has refused, neglected and or failed to look into the allegations.

1. Which Exco sat and approved all these monies? Are there minutes of meeting were these approvals were discussed and approved by the Exco?

2. Who are the signatories to these accounts were these monies were withdrawn?

3. Who is in charge of the cheque books of the branch, Chairman or the Treasurer?

4. Why were these monies not paid directly to contractors and what is the justification for transferring these funds into the Chairman's personal account?

5. Is it true that the signatories to these unlawful and unauthorised payments into the Account of Mr Ogunlana were Mr Farounbi and Mrs Kappo the former Chairman and Treasurer of the Branch who have ceased to be officials of the branch since two years ago? Is Mr Seyi Olawuyi who was also a signatory of these Accounts aware of these illegal withdrawals and if yes, what role/s did he play in all these financial malfeasance and recklessness by the Chairman?

6. Is it true that the current Treasurer and Secretary have no knowledge about these massive transfers from these accounts into the personal account of Mr Ogunlana Adesina?

7. Is it true that most of these monies paid into the Personal Account of Mr Ogunlana Adesina, the Chairman of NBA Ikeja Branch were withdrawn directly by him, NBA driver one Mr Segun Onasanya and the Secretary one Nkiruka Ujoke and one of his aides by name Segun too? To what extent was his family members involved in partaking in these fraudulent financial windfall?

8. Is it true that a lot of other cash which belongs to the Branch were taken directly from Queen, the Lady Clerk in the Secretariat who usually insist that anyone taking cash from her directly must acknowledge receipt of the same with his or her signature? Could the branch demand for these signatures from the Bar Clerk to ascertain accurate amount taken from her in cash in the last twelve months? 

9. Could the Branch in the Annual General Meeting set up a committee that will look into the Bank Accounts details of the Branch comprehensively to ascertain the extent of misappropriations of the Branch funds over these years? Can't the Leaders of the Branch come into this to ensure that disciplinary measures are taken against anyone found culpable in these massive looting of our funds?

10. Could the branch ascertain why the Branch Chairman will withdraw several millions of these monies paid into his account for himself and family? What did he buy for the branch with these massive withdrawals? Explanations need to be offered for all the withdrawals till date.

11. Is it true that the last administration  was also  culpable with the finances of the branch which went undetected and un ascertained due to the perennial complacency of the branch members even though they call themselves "Tigers"?

12. Would the current Treasurer who was the Financial Secretary of the last administration  be bold enough to tell the branch members of the various financial malfeasance of both the last administration and the current one which she has been part of? Constitutionally she owes that responsibility to the members. So many questions begging for answer."

Our Branch has been gangraped by Mr Adesina Ogunlana and his cohorts due to the complacency and carelessness of the members. Ogunlana devised the strategy of mobilising members for Aluta Continua on the streets while his looting continues by the sides.

NBA Ikeja must wake up, look into these serious infractions, recover the looted funds AND ensure that the looters are brought to justice.


These issues were raised by two members of the Branch by name Mr Dan Okoye and Mr Gabriel Opayinka and supported by several other members who are waiting to see that justice is done on this matter! We need action now or never."

An unemployed man, Kabiru Saka has been arraigned before an Ikeja Magistrates’ Court in Lagos for allegedly touching a married woman’s breasts.

Read more: https://www.courtnewsng.com/unemployed-man-c…ng-womans-breast/

Some children of late businessman and Philanthropist, Chief Olatunji Ajisomo Alabi, a.k.a Lord Rumens has asked a Lagos High Court to restrain Bank of Industry Investment and Trust Company from collecting rent on their father’s properties located in Ikoyi, Lagos.

Six children of the late Rumens had dragged BOI Trustees before the court over alleged mismanagement of their father’s N5.6billionn estate.

Joined in the suit as co-defendant is the Managing Director of BOI Trustees Mrs Betsy Obaseki and the company secretary, Mr. Simon Odomokwu.

Mrs Betsy Obaseki
The children namely Babatunde, Subuola, Awojuola, Rukayat, Olukemi and Adeola Alabi had stated in the suit that their late father appointed BOI Trustees as trustees of his estate in his will dated July 30, 1996.

The children however claimed that since the demise of their father in 1998, BOI Investment and Trust Company has persistently mismanaged his estates and has refused to give proper financial account to them.

Since the suit was filed, the defendants has not filed any response to the allegations raised by the children.

However, in a twist to the matter, the children through their lawyer, George Oguntade SAN are now seeking a restraining injunction against BOI Trustees to particularly stop the firm from collecting rent on their late father’s property located at No 39 Rumens Road, Ikoyi.

In the restraining injunction which was filed on March 28, 2018, the children claim that BOI trustees presently lacks the financial capacity to sustain its operation and has embark on a fund raising initiative to stay afloat to avoid winding up its business.

One of such fund raising initiative by BOI according to the children includes collecting huge rents on their father’s property located in Ikoyi.

In an affidavit in support of the injunction being sought, one of the children, Babatunde Alabi averred that BOI recently demanded huge rent arrears from County Estate Limited, the property firm managing the terrace houses build on the property.

He further averred that in the light of the alleged financial predicament of BOI Trustees and its repeated failure to account for previous huge rent collected on his late father’s estate, it will be in the interest of justice for the court to direct that any payment in lieu of the property should be paid into the court’s account pending the final determination of the suit.

The injunction reads: ” an order directing that any payment, either as rent, income, damages or however called that may be due and payable to BOI Trustees from County Estates Limited or any other occupant of and concerning the property at no. 39 Rumens Road Ikoyi, Lagos state be paid into court or into such other other account as may be directed by the court pending the hearing and determination of the suit herein.”

The African Bar Association, AFBA has appointed the 2nd Vice-President of the Nigerian Bar Association, NBA Mr. Monday Ubani as chairman of its committee on Access to Justice, Judiciary and Electoral Process.

Ubani who will hold the office for two years is expected to promote Access to Justice on behalf of AFBA for the continent.

Other duties attached to Ubani's new role includes setting up of a working and workable agenda for Access to Justice, promoting judicial activism and setting a working agenda for judicial performance and reform.

He is also expected to set up and promote a viable agenda for a fair electoral process, electoral reforms and monitoring of elections in the continent of Africa.

Other members of the committee will be selected by Ubani from the continent during the annual conference meeting of AFBA slated for Kenya later in the year.


AFBA Presient, Hannibal Uwaifo said Ubani's appointment is sequel to his nomination, clearance by the qualification committee and approval by AFBA Executive Council.

He stated that AFBA is hopeful that Ubani will use his influence as a very successful legal practitioner and erudite bar man to ensure the success of the committee.

A legal practitioner, Dr. Charles Mekwunye has asked the Court of Appeal sitting in Lagos to retrain telecoms operator, MTN from listing its shares in the Nigeria Stock Exchange pending the determination of a suit between him, the telecom giant and four other firms.

In the appeal delineated as CA/L/1349/16, Dr. Mekwunye is seeking an order of interlocutory injunction restraining MTN, its agents or licenses from listing its shares in the Nigeria Stock Exchange or any globally recognized stock exchange pending the determination of his appeal.

Mekwunye had dragged MTN before the Federal High Court sitting in Lagos over the breach of a contractual agreement by firms representing the company in a privately placed share units offer.

Joined in the suit a co-defendants were Lotus Capital Ltd, Stanbic IBTC Asset Management Ltd, IHS Holding Ltd and INT Towers Ltd.

Mekwunye had contended at the Federal High Court that after buying about 5,000 MTN Linked Units share through MTN's nominee, Stanbic IBTC Asset Management Ltd via a private placement memorandum, the firm failed to fulfil its obligation of converting the share units into MTN Nigeria shares.

But ruling on a preliminary objection raised by MTN on the competence of the suit, presiding Judge, Justice Mojisola Olateru asked parties in the suit to explored the arbitration clause embedded in the disputes contract.

Dissatisfied with the ruling of the lower court, Mekwunye through a motion on notice filed on February 26, 2018 approach the Court of Appeal.

Mekwunye insisted in the appeal papers that the crux of the matter is the failure of the respondents to list MTN shares in Nigeria Stock Exchange in 2013 as agreed by parties and that until the suit or appeal is properly determined, MTN ought not be allowed to list is shares at the stock market.

In an affidavit in support of the motion on notice, the Appellant averred that sometimes in February, 2008, Lotus Capital and Stanbic IBTC Asset Management via a private placement memorandum, represented that MTN International was offering to allocate shares of MTN Nigeria to the Nigerian public as investors through private placement arrangement.

According to the deposition, Stanbic IBTC Asset Management which was appointed as nominee for the MTN linked offer, subsequently engaged Lotus Capital Ltd to procure investors.

Mekwunye subsequently bought 5,000 units of the shares at the rate of US$122,800 in the then Naira equivalent of N18, 376, 800.

The appellant averred that the nominee structure as spelt out in the agreement papers was to last for three months after which the shares will be transferred to an exit special purpose vehicle which will then be exchanged for MTN Nigeria shares.

According to the appellant, at the end of three years, the respondents failed to create the agreed exit SPV on the ground that MTN International is already quoted on the Johannesburg Stock Exchange.

He further averred that the respondents opted to create an alternative exit mechanism which is neither listed on the Nigeria Stock Exchange without his consent or knowledge.

Mekwunye claimed that series of deductions were made on his share units by the respondents in the new agreement which he never gave his consent.

The prays sought by the appellant includes; an order of interlocutory injunction restraining MTN, its agents, servants, privies, employees, licensees from listing its shares in the Nigeria Stock Exchange or any globally recognized stock exchange pending the final determination of his appeal.

An order of interlocutory injunction restraining MTN or its agent from putting up signs, advert or notice which may suggest the listing of its shares in the Nigeria Stock Exchange or any globally recognized stock exchange

An order of interlocutory injunction restraining MTN or its agents from putting up advertisements inviting the members of the public to buy or purchase it shares in any public offer in Nigeria pending the determination of the appeal.

The appellant is also asking the court to reverse the interference of IHS Holding and INT Tower in the agreement between him, MTN, Lotus Capital and Stanbic IBTC Management Ltd.

No date for hearing has been fixed for the matter.

A businessman, Babagbemiga Olaiya has said that the Lagos State Government office of the Directorate of Public Prosecution, DPP exonerated him over allegations of forcible entry, forcible possession and conspiracy brought against him by the police.

Babagbemiga in a statement issues on Sunday stated that the need to clarify the issue of his erroneous arraignment and subsequent exoneration since 2017, arose due to recent insinuations in some quarters that he is still facing trial for land grabbing allegations .

The businessman noted that the matter has since been put to rest through an advice issued by the DPP warning that he would take necessary legal action against anyone tarnishing his reputation.

Narrating how the police almost succeeded in prosecuting him for a crime he never committed, Babagbemiga stated that sometime in June 2015, he purchased a parcel of land from one Alhaji AbdulRauf Tijani not knowing that the title deed for the property was forged.

During a tussle for the ownership of the land, Babagbemiga noted several persons including him and the original land owners were arrested by the police and charged before an Igbosere Magistrates Court for conspiracy , forcible entry and forcible possession.

According to him, the case file was subsequently referred to the DPP office for legal advice.

Babagbemiga noted that a legal advice signed by a Deputy Director in the DPP office, Dr. Jide Martin dated May 15, 2017 advised that there was no sufficient evidence to link him to the alleged crime.

The legal advise attached to the statement by the businessman reads:
"After a careful consideration of the facts contained in the duplicate case file, this office is of the considered opinion that there are sufficient evidence to establish a prima facie case of conspiracy to commit a felony and conduct likely to cause a breach of peace contract to sections 411 and 168 of the criminal laws of Lagos State 2015 against Kareem Suleiman and Ibrahim Olayinka.

" A criminal case of conspiracy to commit a felony, forgery and using false document contrary to sections 411 and 366 respectively of the criminal law, ch. C.17, Vol 3, laws of Lagos State, 2015 are disclosed against Alhaji Abdul Rauf Tijani and Alhaji Farry- Yusuf.

" However, there are no sufficient evidence to link Babagbemiga Olaiya, Ismaila Babatunde, Babalola Nofiu, Abiodun Ariori, Josephine Olaiya and Tajudeen Olubiyi to any crime".

In a certified true copy of court hearing dated May 15, 2017 also attached to the statement, Magistrate Komolafe Abimbola discharged all the defendants following the DPP advice.

Babagbemiga warn those peddling the rumour of his non existent trial to be wary as he would not hesitate to take legal actions against them.

The sack tsunami currently sweeping the nation’s media houses has hit Daar Communications, owners of Raypower and African Independent Television, (AIT) as the organization has issued sack letters to 300 staff.


TheHeat Nigeria gathered that retrenchment exercise is part of ongoing effort to reposition the organisation which is quoted on the Nigerian Stock Exchange(NSE) but has not been able to pay any dividend to stockholders since it was quoted on the NSE.

Read more: http://theheatnigeria.com/daar-communication-sacks-300-staff/

The Lagos State Prosecution on Thursday accused counsel to suspected kidnap kingpin, Chukwudumeme Onwuamadike alias Evans of trying to frustrate Evans’ trial.

Read More: https:///p6yEvd-3rp

An environmental support services firm, Breval Tulip has said that Lagos State Government will earn over N7billion annually from its proposal to the state on commercial waste bin branding.

Executive Director, Corporate Services, BrevalTulip, Mrs. Busayo Binuyo said this recently during a presentation to the management of the Lagos State Signage and Advertising Agency, LASAA on the untapped benefits of waste bin branding.    

Speaking at the meeting, Mrs Binuyo said her company is specifically focused on commercial and industrial waste bin distribution and branding and is hoping to help the state increase its internally generated revenue through branding of the waste bins.

She said, " We as an environmental support service company is focus primarily on industrial and commercial waste bin distribution and branding. This aspect of waste management in Lagos state is currently open to commercial operators and we are hoping to take advantage of this to contribute our quota to the vision for a cleaner.

" Currently we have over a million waste bins and dumpsters which we are ready deploy exclusively to commercial and industrial areas. What we are offering specifically is a combination of hi-tech receptacles and revenue through branding.

" Our waste bin containers are made with environmentally friendly high density polyethylene to prevent degradation due to long exposure to harsh tropical weather. The containers are uniquely equipped with trackers to pin point their location and signal the appropriate waste disposal agency when they are full.

" Our bin bags come in different colors to enable users sort their waste into the appropriate bag. We believe that this will further help the state waste recycling programmes since the waste collected would have been sorted out by the users through our color bags. "

Binuyo who noted that the business of cleaning Lagos is a collective responsibility of all stakeholders hinted that Brevatulip is at an advanced stage of perfecting plans with some commercial waste operator to also deploy dumpsters to markets.

She also stated that her company has put up an alternative plan to pick up waste on their branded bins in situations where the appropriate waste management agency delays in picking the waste.

On the uniqueness of Breval Tulip waste branding model, she said: "What we have added to this spectacular waste bin prototypes is a branding opportunity. We are offering brand owners an unusual opportunity to reach their target audience by advertising their brands on our waste bins. We believe that this is an idea that will benefit users, brand owners and the state.

"For the waste bin user, this proposal means that they will simply get the waste bins and bags free of charge as advert payments would have covered the cost of the bins. For the brand owners, this definitely presents a rare opportunity to reach their target audience who use the waste bins everyday. For the state, we see another huge opportunity for Lagos State for further shore up its revenue through payment for the adverts on the waste bins.

" When our one million waste bins and dumpsters are fully deployed, we estimate that the state will make over N7 billion in advert revenue from waste bin branding alone."

Binuyo added that her company is also in talks with other stakeholders in the state waste management project to ensure that the idea is not sabotaged or hijacked.

Governor Akinwunmi Ambode will today commission, the Lagos State Special and Sexual offences Courts.

The Public Relations Officer of Lagos Judiciary, Mrs Ololade Ige in a statement denied some online reports that the court will be commissioned by EFCC Chairman, Ibrahim Magu.

Mrs Ige stated that the Sexual Offences Courts are designated to hear and determine sexual offences such as rape, defilement and other sexual offences cases.

She also added that the courts will go a long way in ensuring quick and efficient dispensation of Justice in economic crimes and sexual offences cases.

Workclick , a Lagos based firm that offers professional and domestic onsite services to customers on demand has officially announced its operation in Nigeria with over 5000 workers that will provide various services to Nigerians.

The platform, which matches trained worker-partners to customers via its app-based platform was unveiled to the media in Lagos last week Saturday.

Speaking on the idea behind the platform, Engr. Samuel Ajiboyede, Co-founder of Workclick said the platform will drastically reduce the unemployment rate and ultimately create income for skilled workers in the country.

He describes Workclick as a predefine service with a price tag, where Nigerians can make request to have their work done by any of the company’s worker, who have been screened and trained to meet up the Workclick standard.

He listed the skilled services currently available on their platform to include; Hairdressing, plumbing, dress making, gardening, barbing, painting, mechanic, dentistry, photography, electrician and others.

Ajiboyede who noted that Workclick services is also presently available in the United States of America and Kenya, said that the major aim of the company in Nigeria, is to help the large population of skilled persons in the country make additional income; and also to provide professional services to customers at their utmost convenience through the mobile app.

” We currently have patent for Workclick in US, Kenya and Nigeria. Many countries will certainly come on board in the coming year. Here in Nigeria, we are beginning our service with over 5000 skilled workers who are ready to provide their services on demand through our app. The basic thing we want to achieve through our app is to connect skilled Nigerians with those that need their services.

“We believe that through our services, the unemployment rate in the country will be reduced and even those who already have jobs, will make more income through Workclick. We are simply taking over the marketing aspect for skilled individuals and connecting them to customers in their locations,” he said.

Explaining how the service works, Ajiboyede said” Workclick is an app based platform. Through the app, also known as Workclick, we pool a cluster of highly skilled and well-trained experts ranging from gardeners, barber, tailors, plumbers, DSTV Installers to medical practitioners and connect them to customers who need their services.

“The app is available on PlayStore and on App Store. It comes in two forms; one for the worker and another for the customer.

“Before deploying our workers, we thoroughly screen them and conduct further training for them to meet our standard. Once this is done, they return to their various normal job and locations. The app will subsequently alert them when a customer using the app requests for their service.

“Prices for all available services are already listed on the app and we as a company collect only 20 percent as service charge for every job successfully done. The rest of the money goes to the worker. This is what we are about. Empowering skilled people to make more income while doing their normal businesses.”

Admonishing the workers to be good ambassadors of the Workclick brand, Ajiboyede said that feedbacks from users which is one of the many feature of the Workclick app, will enable the platform to rate and kept track of worker’s performance.

The former chairman of Nigeria Security Insurance Trust Fund, NSITF, Dr. Ngozi Olejeme has reacted to her detention by the Economic and Financial Crimes Commission, EFCC over allegation of N64n fraud.

In a statement issues on Monday by her media aide, Stanley Imoko, Dr. Olejeme stated that contrary to media reports that she was arrested, she submitted herself before the commission to clear the unfounded allegations against her.


Part of the statement reads: "Our attention has been drawn to erronoues media reports about the circumstance sorrounding the issues Dr Ngozi Olejeme is currently having with the Economic and Financial Crimes Commission, EFCC.

"While we recognise the constitutional right of the media to inform the public, we are inclined to set the records straight by stating what has transpired so far between Dr. Ngozi Olejeme and the EFCC.


"Dr. Olejeme who was declared wanted three months ago by EFCC for alleged diversion of several billions of Naira in NSITF where she was a part time Chairman during the last administration turned herself in voluntarily to EFCC on Monday the 18th of December, 2017 in order to clear her name which the alleged story of diversion tried to smear.


" Dr Olejeme was appointed a part time chairman of the agency when the agency was moribund and comatose having been divested of its core responsibility of managing pension funds of Nigerian workers by the New Reform Pension Act of 2004 .

"Dr Olejeme's dexterity saw the enactment of a new law by the National Assembly that gave some responsibilities ( like social scheme compensation for employees who suffer injury or death in the course of their duties) to the agency and which resurrected the agency back to life.


"The agency that had only two functional offices when she was appointed witnessed a tremendous growth both in offices across the length and breadth of Nigeria and personnel from 80 employees to about 7000 by the time she exited from the board.


Mr Imoko insisted that Dr. Olejeme was at NSITF as part time chairman and putting extra effort to grow the agency which made it a toast today, she was unaware that the management of the agency were busy diverting some of the monies of the agency to themselves.


"Dr. Olejeme got to know about this when she was declared wanted by EFCC for alleged diversion of several billions of Naira by her and the management.


"More shocking to her was the conspiracy of some of the management staff of the agency to heap all their nefarious activities on her head while she was away on the demonic understanding that she may not come back to defend herself, having known of her health challenge while abroad.


"What compounded Dr Olejeme's issues was that while she was recuperating from the surgeries carried out on her abroad, she was declared wanted by EFCC and she was unable to return to address some of the unfounded lies and allegations against her as a result of her doctors' advice.


"She made her lawyers to write severally to EFCC to exercise patience as her ill health has made it practically impossible to return immediately to answer to the allegations. Pictures of her complicated medical ordeal and doctors' reports were also sent to the Agency.


"When EFCC could not bulge and continued to insist on her return, she told her doctors that she will defy their expert advice and return back to address these issues, as lies undefended do normally assume some modicum of truth , and so on the 17th of December, 2017 she flew into the country and in the company of her lawyers turned herself in to EFCC on the 18th of December, 2017.


Imoko further noted that Dr. Olejeme has been responding to these allegations and interrogations, addressing the conspiracy and lies by some of the witnesses and accused persons in the case.


"It must be pointed out that the EFCC has been very professional in the handling of the case so far.


"They have confronted her with some of their star witnesses whose statements appear contradictory in every material particular.


Imoko however lamented the continued detention of Dr. Olejeme by the EFCC even


He said "The agency has given her administrative bail conditions which she has promptly fulfilled but they are yet to let her go but currently detained in hospital as a result of her complicated medical conditions confirmed by both doctors abroad and at home.


"She is there under the watch of heavy security guards that makes her recovery from ailment nearly impossible due to her constant anxiety.


"Her lawyers are however puzzled as to why Dr Olejeme is not granted bail (allowed to go home) after she has fulfilled the said conditions, and therefore, are strategizing on the next possible action to take to secure her bail as the offence she is accused of is a bailable one."

In keeping with the spirit of Christmas, the Personal Assistant to Governor Udom Emmanuel on Transport, Deacon Udo Jonathan Ekwere on Friday at his country home, Efa presented gifts to his kinsmen at Southern Iman Ward 3 in Etinan local government area.

There was enough to eat, drink and take home as bags of rice were given out to the people from the six villages of Southern Iman ward 3.

Addressing the people, Deacon Udo Ekwere said in the spirit of Christmas, he decided to come home and share with his people the good deeds of Governor Udom Emmanuel since the governor cannot come to Efa or Southern Iman ward 3 as a whole to share with the people this season.

"As it is commonly said merry Christmas so we are here at home to merry with our people. We bring home the good news of what our dear governor is doing in the state to our people at the grassroots. Of course our people have seen, touched and felt government through the many developmental projects in our communities"

He urged the people to continue in their unflinching support for the administration of Governor Udom Emmanuel in the state and the People's Democratic Party saying both the Party and the government is led by successful sons of Iman Ibom. "If we don't support our own sons who shall we support? "he queried.

Also speaking, Deaconess Mercy Udo Ekwere thanked the women for standing firm with her husband to win votes for the PDP during the just concluded local government elections and assured them that with their support, more dividends of democracy will come to the women and people of southern Iman ward three.

Responding, Hon Imo Asangausung thanked the governor's aide for always identifying with the people not only at Christmas but always as he keeps his doors open to the people. He urged the people to stand by their son by supporting Governor Udom Emmanuel and the PDP as the nation approaches 2019 general elections.
He also prayed God for more blessings upon the family of Deacon Udo Ekwere especially the wife who has remained a pillar of support to the husband.

In a chat with newsmen, a member of the community Mr. Anietie Johnson said since his appointment as an aide to the governor, Efa and the entire southern Iman ward 3 now feel the government in a way that will not be forgotten in years to come. According to him, until his appointment in 2015, the ward never experienced anything like what we see here today. "May God bless and keep him for having the people of this community at heart"

History was made on the 22nd of December, 2017 when a group of lawyers from Ikeja Branch of the Nigerian Bar Association coordinated by the 2nd Vice President of NBA, Mr Monday Onyekachi Ubani(MOU) whose Foundation, Ubani's Foundation kick started the process with initial seed, presented a car and a wheel chair to Mr Abdulasam  K. Idowu, the physically challenged lawyer from the Branch.

The presentation took place in the presence of some of the donors, lawyers, journalists and the representative of the governor of Lagos State, the Director of Citizens' Rights, Lagos State.

It was a glorious sight as Mr Idowu moved from the wheelchair straight into the Toyota Camry brand car and drove it to the admiration of all who were present. 

In making the presentation, Mr Ubani, currently the Chairman of Welfare Committee of NBA and 2nd Vice President thanked the donors and well wishers who came to witness the occasion.

He specifically appreciated the donors whose effort saw to the reality of the gifts.

Ubani prayed that the Almighty God will replenish their deep pockets.  

He also used the opportunity to request that the Governor of Lagos State, who is known for his care and love to the physically challenged persons in the State to give an employment in the ministry of Justice to Mr Idowu who holds a degree in both Political Science and Law.

He further explained that Mr Idowu with a double degree will be an asset to the Ministry of Justice and to Lagos State in general. 

Mr Idowu, the beneficiary was short of words for the kind gesture.

He explained that it was the desire to succeed in life that made him undertake the venture of acquiring two degrees through begging.

He promised never to be a liability to any person but a huge asset to the nation.

Some of the Executives of the Branch like Mrs Muna Esegine the Secretary who recently turned 50 years and the Assistant Secretary Mr Issa Adedokun witnessed the presentation.

The arraignment of a Federal High Court Judge, Justice Yunusa Nasir, before an Ikeja division of the Lagos State High was today stall as the trial judge, Justice Mojisola Dada was said to have rejected the case file.

Read more: http://theheatnigeria.com/corruption-lagos-judge-rejects-justice-yinusa-case-file/

Monday Onyekachi Ubani of Ubani’s Foundation and some group of lawyers from Ikeja Branch of the Nigerian Bar Association have purchased a car and wheelchair for a physically challenged lawyer, Mr. Abdusalam Idowu of the Branch.

A statement issued by MOU Foundation chairman, Mr Monday Onyekachi Ubani noted that the purchase of the Toyota brand car and a wheelchair was made possible by a group of lawyers from Ikeja Branch who were moved by the plight Idowu encounters daily while attending court sessions.

The attention of Mr Ubani was drawn to the condition of Mr Idowu by another Good Samaritan, a lawyer Mr Bamidele Ojuyenum who observed that Mr Idowu attends court sessions under very harsh condition of crawling around due to his health challenge.

According to him on the day he saw him and his condition, he promised to draw the attention of Mr Ubani whom he knows has the clout to mobilize and raise money to mitigate the harsh condition of the victim.

“The initial plan was to buy him a motorized wheel chair only but as fate would have it enough money was raised that not only got him a manual wheel chair but a used Toyota brand of saloon car that is customized to suit his purpose.

“We are happy to announce that the passionate appeal by Monday Onyekachi Ubani Foundation to well meaning Ikeja lawyers to come to the aid of our colleague, Mr. Abdusalam Idowu has paid off.

“Through the donation of the Ubani’s foundation and several other lawyers from Ikeja Branch we were able to realize a good sum of money to purchase a car and wheelchair for him to ease his pain of getting around to do his job as a lawyer.

“A cash balance of the sum realized from the donation will be handed over to him during presentation, the statement said. The Foundation will use that opportunity during presentation to seek the assistance of rich individuals, lawyers and or the State Government to offer a permanent job to the lawyer.

The statement further stated that the formal presentation of the car and wheelchair to Mr Idowu will be made on December 22, 2017 at the Bar Centre of Nigerian Bar Association, Ikeja Branch by 12 noon. Invitation notice have been sent to some government officials and the donors to come and witness the presentation.