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The ongoing controversy surrounding the N300 million donation made by the Rivers State Government under Governor Siminalayi Fubara to the Nigerian Bar Association (NBA) has captured national attention, with renowned legal practitioner and public affairs analyst, Dr. Monday Onyekachi Ubani, SAN, describing it as a defining moment for Nigerian jurisprudence. In a detailed commentary, Dr. Ubani highlighted that while it is not unusual for state governments to offer financial support to the NBA’s Annual General Conference, this year’s incident has taken a different turn. The Rivers State Government, under the now-suspended Governor Fubara, had made a N300 million donation to support the 2025 conference, traditionally seen as a gesture of goodwill. However, following political upheaval in Rivers State — which saw President Bola Ahmed Tinubu GCFR dissolve the democratically elected state structures and appoint a sole administrator, Mr. Ibas — the NBA took a bold stance. The association condemned the federal action, calling for the reinstatement of the elected government and relocating its annual conference from Port Harcourt to Enugu in protest. According to Dr. Ubani, the new emergency government in Rivers State subsequently demanded a refund of the N300 million, arguing that the money was meant specifically for hosting the event in Port Harcourt. The NBA, however, insisted that the donation was an unconditional act of goodwill, not tied to any location, and therefore not subject to refund. Dr. Ubani observed that this dispute raises important legal and ethical questions about the propriety of professional associations like the NBA receiving financial support from government entities. He asked: Was the donation conditional or unconditional? Was it a contractual obligation or a voluntary public gesture? Does a change of venue frustrate the original intention behind the donation? Can a successor government reclaim public funds donated by a predecessor without clear proof of fraud or misuse? He further noted that the Sole Administrator’s allegations of bias against the NBA, based on the financial support it received, introduce a delicate ethical dimension to the matter. The threat of legal action against the NBA, he added, would likely test the legal boundaries of government patronage to professional bodies in Nigeria. Dr. Ubani emphasized that if the matter proceeds to court, it could create a lasting judicial precedent on the obligations and boundaries of professional bodies in their dealings with government institutions. “This moment will be remembered as one that helped shape jurisprudence on the obligations and boundaries of professional bodies in relation to government patronage,” he stated. The Senior Advocate of Nigeria also pointed out that clarity from Governor Fubara, the original donor, could be pivotal in resolving the issue. He noted that the ongoing public and legal debates could intensify until the former governor breaks his silence, a move which may serve as a turning point in the controversy. In conclusion, Dr. Ubani urged the NBA to maintain professionalism, legal integrity, and calmness in its response, stating that the association’s handling of the matter will not only affect its reputation but also influence how future professional associations in Nigeria manage financial relationships with government bodies. |
Umuahia, Nigeria — Legal luminary and public advocate, Dr. Monday Onyekachi Ubani, SAN, has issued a firm response to what he described as an unwarranted attack and rebuttal from Hon. Sam Onuigbo, following his consistent calls for the completion of the Ikwuano-Ikot Ekpene federal road project. In a strongly worded statement made available to the press, Dr. Ubani reaffirmed that his persistent advocacy for the road’s completion is driven by genuine concern for the welfare and development of the Ikwuano people, not political ambition or personal vendetta. “If my advocacy is motivated by selfish political reasons, may it never be well with me and my generations. But if it is driven by a sincere desire for my people to enjoy the dividends of democracy, may God bless me and my family beyond measure,” Ubani declared. He criticized the slow pace of work by the contractor, Hartland Company, and raised alarm over reports suggesting that the project would exclude some communities such as Ekebedi, Awomukwu, and Ariam. Ubani disclosed that this information was relayed to him by the President General of Awomukwu and the Mayor of Ikwuano, who visited the contractor for an update. “This revelation is both heartbreaking and unacceptable,” Ubani said. “Not only is the pace and quality of work grossly inadequate, but the exclusion of entire communities cannot be allowed to stand.” In response, he has filed a petition with the Senate Committee on Public Petitions to summon both the contractor and its alleged political backers to explain the delay and the reasons behind the exclusion of certain areas. Ubani further questioned the silence of the contractor and criticized Hon. Sam Onuigbo, who claims credit for attracting the project, for allegedly speaking on behalf of Hartland Company instead of allowing them to address the public directly. “With due respect, Hon. Onuigbo must understand that this project is not about him. It’s about the people of Ikwuano. It’s a matter of life, development, and access for our people — not political relevance,” Ubani maintained. He emphasized that his only desire is to see a functional and durable road linking Umuahia to Ikot Ekpene, benefiting every community along the corridor. “My happiness will be complete the day it takes me just 25 minutes to drive from Umuahia to Awomukwu. That is the future I envision and what I’m fighting for,” he stated. Ubani concluded by urging Hon. Onuigbo to provide regular and transparent updates on the project to avoid further confrontations, and demanded a clear timeline for the completion of the road, ensuring that no Ikwuano community is left out. “May God judge everyone involved according to the purity, or otherwise, of their intentions,” Ubani added.
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---Seeks urgent intervention Prominent legal practitioner and Senior Advocate of Nigeria, SAN, Dr. Monday Ubani, has written an open letter to President Bola Ahmed Tinubu, urging his urgent intervention in the long-abandoned Ikwuano/Ikot Ekpene Road project, which links communities in Abia and Akwa Ibom States. In the letter dated April 7, 2025, Dr. Ubani lamented the continuous neglect of the road, describing it as a "death trap" and a major hindrance to economic and social activities in the region. The project, originally awarded in 2019 during the administration of former President Muhammadu Buhari, has been stalled for years despite intermittent funding interventions, including by the Nigerian National Petroleum Corporation (NNPC). Dr. Ubani recounted multiple visits to the project's contractor, Hartland Construction Company, who gave varying excuses including funding constraints and weather conditions. "After the rainy season of last year, they promised full resumption of work, but the pace not only slowed, it eventually halted," he wrote. Highlighting the strategic importance of the road as a critical link between Abia, Akwa Ibom, and Cross River States, Ubani emphasized the devastating impact of its poor state on commerce, agriculture, education, and general livelihood. "For over twenty years, our people have endured unbearable suffering on this route," he noted, adding that the region now feels "clearly disadvantaged and neglected." Calling on President Tinubu to activate the Renewed Hope Agenda in the region, Dr. Ubani urged the President to direct the Minister of Works, Senator Dave Umahi, to investigate and ensure immediate resumption and completion of the road project. "The people of Ikwuano will be eternally grateful if your administration addresses this critical matter before the rains return and worsen an already dire situation," he concluded. The letter was also copied to the President of the Senate, Senator Godswill Akpabio, and the Minister of Works, Senator Dave Umahi. The plea comes amid growing frustration from affected communities, who say they can no longer remain silent as similar projects in other regions receive faster attention.
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Justice Adedayo Oyebanji of a Lagos High Court sitting at Tafawa Balewa Square, TBS, has referred to Multudoor Court House, the suit filed by Ojukwu Transport Limited (OTL) over an alleged N12million rent owed it by West African Offshore Limited for 13 years. OTL in the suit claimed that the lease of West African Offshore Limited expired in 2012 and that the company has not paid rent to it since then. At the resumed sitting of the court on March 10, Justice Oyebanji took all pending applications . Justice Oyebanji however referred to the multi-door, the issue of West African Offshore Limited (Uche Obilor) whose lease expired in 2012 and had not paid OTL since then. In the suit, Maple Petrochemicals (owned by Kwara Governor Abdurahman Abdurazak) which is also a party in the dispute, filed an application requesting the court to restrain OTL who had executed warrant on its 14 Probyn Road, Ikoyi property in 2022. The warrant was executed on the property following a 2018 judgment delivered by the court. Afamefuna and Nwachukwu Ojukwu through their best friend, Chief (Mrs) Bianca Ojukwu who had filed an application to withdraw an earlier one seeking to join were not in Court. Neither were their lawyers. However, OTL Director, Dr P Ike Ojukwu, the company's counsel, Chief Ifeanyi Okumah and Chief Massey Udegbe, OTL Estate agents were in Court. In another case, Bianca and sons had instituted Form 49 contempt proceedings against the Ojukwus/OTL and some tenants before Justice A.M. Lawal. The matter which came up on the March 13, 2025 at Ikeja had to be adjourned to 16 June 2025. The lawyer that appeared for Bianca and sons who were not present in court, had requested for more time to respond to applications before the court. The case, LD/1539/2012 in which judgment was delivered in 2022 had Bianca suing OTL on behalf of her sons who at time were minors. Ojukwu Transport Limited following judgment on 1 June 2018 in suit LD/794/2011 by Justice Adedayo Oyebanji executed warrant on its properties in Lagos including the five suits before Justice A.M. Lawal. |
Renowned legal luminary, Dr. Monday Ubani, SAN,has lost his mother, Mrs. Gladys Nsomma Ubani. She passed away at the age of 90. The late Mrs. Ubani was a native of Ekebedi but was married to Mr. Egbedubi Ubani of Awomukwu village, both in Ikwuano LGA of Abia State. She is survived by her only son, Dr. Ubani, as well as numerous grandchildren and great-grandchildren. It is worth recalling that Dr. Ubani's father, Mr. Egbedubi Ubani, passed away in 2021 at the remarkable age of 101. The family will announce funeral arrangements in due course.
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Music producer, Ezekiel Onyedikachi popularly known as EeZee Tee on Monday affirmed his readiness to prove his innocence in the fraudulent conversion charge filed against him by the Economic and Financial Crimes Commission, EFCC. Onyedikachi gave the assurance through his lawyer, Dr Monday Ubani, SAN, when the matter came up for hearing before a Federal High Court in Lagos. When the case was called, Ubani announced appearance for the defendant, while Mr Rotimi Oyedepo (SAN) appeared for the prosecution. Ubani, then informed the court he had filed two seperate preliminary objections to the charge but would be withdrawing. When the Presiding Judge, Justice Alexander Owoeye inquired about the whereabout of the defendant, Ubani told the court that he received a call from the defendant, who said he had a terrible accident this morning. He however assured the court that his client will be available at the next date to take his plea and prove his innocence. When Ubani sought to move his preliminary objection to the charge, the court declined on the grounds that he cannot be heard, until the defendant appears before the court. Justice Owoeye held that the court had not assumed jurisdicton over the case, since the plea of the defendant had not been taken. On his part, the prosecutor, citing provisions of sections 396(2) of the Administration of Criminal Justice Act, as well as judicial authorities of State vs Achara and Frn vs Yahaya Bello, urged the court not to hear the defence. "My lord, it is a show of shame and outright disrespect for this court, for the defendant to be absent on three different occasions in a criminal trial," he said Besides, he told the court that if actually the defendant was indisposed as represented by counsel, then it ought to be deposed by way of affidavit, to be shown as proof before the court. In the circumstance, Oyedepo prayed the court to issue a bench warrant to compel the attendance of the defendant before the court, adding that same is important to protect the integrity of the court. Although defence counsel objected to the grant of a bench warrant by the court, and undertook to personally produce the defendant on his honour, the prosecution argued that defence's honour or intergrity was not in issue. Oyedepo, maintained that the court issue a legal instrument, compelling the appearance of the defendant. In a short ruling, the court held that from the court's record, the earlier bench warrant by the court still subsist as it had not been withdrawn. The court consequently, held that the defendant is to appear in court on the next adjourned date for his arraignment, either by the subsisting bench warrant, or by production by his defence counsel. Based on agreement of counsel, the court adjourned the case until March 6, for arraignment.
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--- Seeks Intervention of PFN, Christian Elders A Christian youth advocacy group, the Nigerian Christian Youth Network (NCYN), has denounced what it described as the meddling of the Economic and Financial Crimes Commission (EFCC) in the contractual dispute between music producer Ezekiel Onyedikachi, popularly known as EeZee Tee, and gospel singer Mercy Chinwo. In a statement signed by its National Coordinator, Michael Ekwere, the group also appealed to the Pentecostal Fellowship of Nigeria (PFN) and notable Christian leaders to intervene in the matter, which it said is unhealthy for the Christian music industry. The group noted that, from its findings, the issue between EeZee Tee and Mercy Chinwo is purely a contractual dispute, which does not in any way fall within the mandate of the EFCC. It, however, expressed dismay that the commission would neglect its core mandate of combating the huge economic and financial crimes plaguing the country and instead give serious attention to a dispute between a gospel artist and her label company due to personal interest. The statement reads: "As a faith-based organization, we are concerned with the current dispute between EeZee Tee and Mercy Chinwo because they are our brethren in the faith. We have carefully examined the issue, which has generated much uproar in the Christian and secular communities, and concluded that it is purely a contractual dispute. "On the one hand, Mercy Chinwo is alleging that her legitimate earnings are being withheld byEeZee Tee Concept, owned by EeZee Tee. On the other hand, the record label is also demanding an unbiased account reconciliation, claiming that Mercy Chinwo failed to remit the company's share from her public engagements. "Clearly, this is a simple contractual dispute that either party can seek to resolve in a civil court. "We are, however, worried that the EFCC has now become a tool in the hands of one party to intimidate and harass the other. "From our findings, acting on a petition, the EFCC, without any valid court order, last year froze the domiciliary account of EeZee Tee, detained him in Ilorin, Kwara State, for nine days, and further compelled him to pay Mercy Chinwo $274,000. "When EeZee Tee challenged his illegal detention through a fundamental rights enforcement suit against the EFCC, the commission quickly ran to another court to obtain an arrest warrant against him. "In a three-count charge now before the Federal High Court, Lagos, the EFCC is accusing EeZee Tee of 'fraudulent conversion' of the legitimate earnings of Chinwo and another artist, Judikay. "From what is ongoing, it is clear that the EFCC is acting on a script, either for personal or pecuniary interest, and we urge the commission's chairman to call his officers to order. "We see no reason why the commission would allow itself to be used as a tool to harass, intimidate, and embarrass someone in a clear civil dispute. "We call on the Attorney General of the Federation, Chief Lateef Fagbemi, SAN, to look into this case and many other similar cases for which the EFCC has been accused of pursuing merely to embarrass and intimidate respectable Nigerians. "We also use this medium to appeal to the Pentecostal Fellowship of Nigeria (PFN) and Christian leaders to look into the matter, which we believe is unhealthy for the Christian music industry."
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Lagos, Nigeria – The Centre for Transparency and Defence of Human Rights has demanded for a total scrapping of the proposed 4% Free-on-Board (FOB) charge by the Nigeria Customs Service (NCS), describing it as an unjustifiable financial burden on Nigerians already grappling with economic hardship. While the government has currently suspended the charge, the group insists that its potential implementation remains a significant threat to the livelihood of millions. In a statement signed by its Executive Director, Barrister Ifeoluwa Ajay, the organization emphasized that the charge, if imposed, would drastically increase the cost of imported goods, exacerbating inflation and deepening the economic crisis across the country. Ajay highlighted that Nigeria records an average of ₦72 trillion in yearly import transactions. If the proposed charge were enforced, it would generate an estimated ₦2.8 trillion in additional revenue for the NCS—an agency that already receives trillions of naira from the Federation Account. “This raises a fundamental question,” the statement read. “Why does an agency with such substantial funding need more revenue at the expense of suffering Nigerians?” The group further argued that beyond its impact on consumers, the 4% FOB charge would have devastating effects on local manufacturers who rely heavily on imported raw materials. With existing import duties of 5% or higher, the additional charge would significantly raise production costs, making it harder for industries to remain competitive. “Manufacturers in Nigeria are already grappling with multiple economic challenges, including rising energy costs, foreign exchange volatility, and a harsh business environment,” Ajay noted. “This additional burden will push many struggling industries to the brink of collapse, stifle investment, force businesses to scale down operations, and worsen the already alarming unemployment rate.” The group further argued that the proposed charge contradicts the government’s stated commitment to industrial growth and economic recovery. They warned that policies like this would only drive up manufacturing costs and discourage investment. “If the government is serious about economic recovery, it must not pursue policies that drive up costs for manufacturers and consumers,” Ajay stated. “This charge is not only anti-people but also anti-business and anti-development. The economy cannot afford such a policy when industries are struggling to stay afloat.” The statement also highlighted the severe economic hardship that Nigerians are currently facing due to government policies. The cost of essential goods, including food, fuel, and rent, has surged, leaving many citizens barely able to survive. “Rather than introducing policies that cushion the economic downturn, the government seems intent on piling more financial burdens on the people,” Ajay lamented. The organization called on the government to focus on alternative ways to improve revenue generation rather than imposing additional charges on imports. It also recommended that the Nigeria Customs Service should prioritize closing revenue leakages, improving efficiency, and tackling corruption within its operations. “The trillions already allocated to the NCS should be sufficient for modernization and operational improvements,” the group stated. “The government must recognize that the economic survival of its people is more important than any revenue-generation target.” The statement concluded with a strong demand for the government to go beyond suspending the policy and instead permanently scrap it. “The Nigerian people cannot afford it. What they need are policies that reduce the cost of living, promote business growth, and create jobs—not more taxes disguised as modernization fees,” Ajay asserted. “The government must listen to the voice of reason and prioritize the welfare of Nigerians over expanding revenue for an already well-funded agency. Anything less is unacceptable.”
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A Lagos landlord, Dr. Ifeanyi Chukwuma-Odii has dragged the Lagos State Government Building and Planning Agencies before the State High Court for allegedly approving a permit for a six-storey building on Plot B-7, Banana Island, contrary to the original building model specification of the area. The landlord is also suing the state and its agencies for failing to stop a developer from contravening the approval given to him on the building specification. Joined as co-defendants in the suit are the Attorney-General of Lagos State, the Lagos State Ministry of Physical Planning and Urban Development, the Lagos State Physical Planning Permit Authority, the Lagos State Building Control Agency, and the Developer, Fandago Properties Ltd. In his statement of claim, Dr. Chukwuma-Odii averred that he owns a property located at 327 Close, Plot 8, Zone B, Banana Island, Ikoyi, Lagos State, which was built in strict compliance with the Ikoyi-Victoria Island Model City Plan (Banana Island) 2013–2033 for low-residential density. According to the plaintiff, the Banana Island Master Plan for Zone B specifies low-residential density with a maximum property height not exceeding 25 meters and a total dwelling limit of 40 family units per 10,000 sqm, with building coverage limited to 50% of the land mass. The plan also requires a minimum of two parking spaces per family unit and developments not exceeding four floors. He further claimed that his property shares a common boundary with Plot B-7, 327 Close, owned by Fandago Properties Ltd which the Lagos State Physical Planning Permit Authority, LSPPPA, issued an approval in 2021 for residential development on the plot, with a total of six family units and setback/airspace restrictions of 9 meters at the front and 6 meters on both sides. Dr. Chukwuma-Odii alleged that Fandago deviated from the approved plan by reducing the left-side setback to less than 25 meters and the airspace to less than 18 meters from the boundary. According to him, the building contains multiple flats directly overlooking his single-dwelling premises, which has caused significant discomfort, including exposure to the views of strangers, the risk of falling objects, constraints on airspace, and increased heat due to the building's proximity. He further claimed that the development has breached his family's constitutional right to privacy, defaced the area's planned aesthetics, and altered the skyline within the zone. Dr. Chukwuma-Odii stated that he reported the matter to the Banana Island Property Owners and Residents Association, BIPORAL, and the Lagos State Ministry of Physical Planning and Urban Development, which twice sealed the site but later reopened it. Following a petition by his solicitor, Samuel N. Agweh (SAN) & Associates, on August 20, 2024, the fourth, fifth, and sixth defendants visited the site and issued a stop-work order on September 2, 2024. The claimant alleged that Fandago has disregarded the stop-work order and continues construction in a brazen and defiant manner. Dr. Chukwuma-Odii is seeking the following reliefs from the court: "A declaration that the development commenced by the developer on Plot B-7, 327 Close, Banana Island, Lagos State, with Registration No. IKV/EPPID/2020/75m and Approval No. DCB/DO/2900IV contravenes the building model specification approved in the permit and constitutes a breach of the approval order, warranting revocation. "An order revoking and nullifying the planning permit and approval with Registration No. IKV/EPPID/2020/75m and Approval No. DCB/DO/2900IV issued to the seventh defendant by the fourth, fifth, and sixth defendants on behalf of the first and second defendants for the building located at Plot B-7, 327 Close, Banana Island, Ikoyi, Eti-Osa LGA, Lagos State. "An order of perpetual injunction restraining the defendants from further developing or maintaining the building on Plot B-7, 327 Close, Banana Island, Ikoyi, Eti-Osa LGA, Lagos State, in its current form, which breaches the approval granted. "An order for the demolition of the building and development on Plot B-7, 327 Close, Banana Island, Ikoyi, Eti-Osa LGA, Lagos State." The matter has been assigned to Justice A.O. Opesanwo for commencement of hearing. |
---Case Adjourned till March 10 Ojukwu Transport Limited, OTL, has insisted that Maple Petrochemicals, a company owned by Governor Abdulrahman Abdulrasak of Kwara state, must meet certain conditions before it would be allowed to continue to occupy its present business office at 14 Probyn Road, Ikoyi, Lagos. 14 Probyn road, Ikoyi, Lagos was a subject of litigation until a Lagos High Court affirmed OTL as the rightful owner of the property whereas and an estate firm, Ogbonna Ojukwu & Associates had leased the property to Maple Petrochemicals from 2017 to 2027 at N4million per annum. Speaking on the dispute, OTL said it has no problem with Maple Petrochemicals remaining in their property till 2027, provided that they legitimize their stay and pay the appropriate rent for the period 2017 to 2027. OTL Director, Dr Ike Ojukwu stated that attempts by the company to resolve the issue amicably initially were rebuffed, with lawyers acting for the Governor and his company playing 'hide and seek', even after it was evident that there was no agreement with OTL, owners of the property. He however, stated that the matter was before Justice Oyebanji of the Lagos High Court and added that the company's processes speak for themselves, especially the counter affidavit he swore to. The 'agent' in question, Ogbonna Ojukwu & Associates(Mrs Victoria Ojukwu and her husband, Sylvester Debe Odumegwu-Ojukwu, who died in 2018) ceased to work for them in 2007, notices were placed in national dailies to that effect and OTL states without equivocation that the so-called 'lease' is both fraudulent and of no consequence. The 'agent',OTL also claim, is fraudulent and has not remitted any money to the company since 1995, adding that they have been referred to the Police for investigation and prosecution. Based on a petition to the police over 2 years ago,Mrs Victoria Ojukwu is said to have been invited by the Police. OTL claims that not only did she not honour the invitation but believe that she absconded to the United States where they believe that she has been for almost two years. They said 'agent' had never been shareholders, Directors or officers of the company according to OTL. In processes filed in court, Maple Petrochemicals claims that the property is the 'Official residence of their Chairman' and that they have 'enjoyed peaceful tenancy since 1997.' OTL however stated that they have not received any money in respect of the property and others, 'managed' by the agent from 1995 till date! OTL further stated that warrant was duly and validly executed in April 2022, that there is no agreement between them and Governor Abdurahman Abdurazak or his company. At a sitting on December 11, 2024, the matter was adjourned till March 10, 2025 for hearing. Present in court were Dr Ike Ojukwu, Chief Massey Udegbe of Massey Udegbe & Co, Estate agents/valuers for OTL.
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A legal practitioner, Dr Anthony Iwowo has urged the Inspector General of Police, IGP, and Deputy Inspector General of Police, DIG, Force Headquarters, Abuja, to expedite the investigation and prosecution of one Godwin Awoke who was arrested last week in Abia state in connection with an alleged armed robbery and attempted murder case in Ebonyi state. In a statement made available to journalists on Monday, Dr. Iwowo stated that Awoke has been on the run since last year over his alleged role in an armed robbery and attempted murder on Ezekiel Iwowo at Obomalegu in Ukwagba Community, Ohaukwu Local Government Area of Ebonyi State, until he was arrested last week. Dr. Iwowo noted that he had last year petitioned the Police over an incident where Awoke was alleged to have led some persons to rob Ezekiel Iwowo and inflicted serious physical injuries on him. Dr. Iwowo alleged that Awoke using his personal Toyota Sienna bus, fully armed with AK-47 rifles, pistols, cutlasses and other offensive weapons, violently attacked Ezekiel Iwowo and dispossessed him of his valuables, motor cycle, phones, money and inflicted deep matchet cuts on him with various degrees of serious physical injuries which left him nearly dead. After several unsuccessful attempts to arrest him, Dr Iwowo stated that Awoke was eventually arrested in Abia state by a team of police officers from DIG Force Headquarters, Abuja. A member of the Police team that effected the arrest confirmed his arrest to journalist stating that he would be charged to court once investigation is concluded. Urging the IGP and DIG Force Headquarters to expedite investigations and prompt prosection of the suspect, Dr. Iwowo cautioned that the police must not bow to any pressure to unjustly release the suspect. He said: 'This is a distress call to the IGP and DIG Force Headquarter, Abuja who should beam their search light on this criminal suspect now that he has been arrested and ensure that he and his cohorts are prosecuted in the court of law deservedly to serve as deterrent to others. "The general public is interested in knowing how this matter is handled by the Nigeria police whose duty it is under the law to arrest, investigate and adequately prosecute criminal suspects in the court of law as empowered by the 1999 Constitution and the Police Act, 2020. "Awoke must never be allowed by the police henceforth to continue in his criminal activities. He has to face the consequences of his alleged criminal actions against his victim as stipulated by the law. "
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By NAIRALAND Afamefuna and Nwachukwu, sons of Bianca Odumegwu-Ojukwu, wife of late Biafra leader, Chief Chukwuemeka Odumegwu-Ojukwu have withdrawn their earlier application before a Lagos High Court seeking to be joined as parties in a 2011 suit filed by Ogbonna Ojukwu and others against the Ojukwu Transport Limited, OTL, and others in which judgment had been delivered in 2018. Justice Adedayo Oyebanji had while delivering judgment in the suit marked LD/794/2011, granted possession of Ojukwu Transport Ltd properties in Lagos to Ojukwu Transport Ltd including No 29 Oyikan Abayomi Drive, Ikoyi Lagos. Late Chief Chukwuemeka Odumegwu-Ojukwu was a party to the suit until his demise in 2011. Based on the judgment, OTL, executed a warrant of possession on all its properties in Lagos with certificate of completion of execution of warrant’ obtained in July 2022. Last year, Afamefuna and Nwachukwu applied before the court to be joined as “Interested parties in the matter” and also be exempted from the already executed warrant in a case in which judgment was delivered in June 2018. In a new twist, the duo has filed a 'Notice of withdrawal' of their earlier application. The application dated December 16, 2024, seeks to “wholly withdraw their motion for joinder in the suit against the claimants/respondents. At the last hearing for the fresh application for the joinder on April 22, 2024, OTL Director, Dr P Ike Ojukwu, their agent, Mr Massey Udegbe and lawyer, Chief Ifeanyi Okumah were in court while Bianca, her sons and their lawyers were absent. The case is slated for hearing on March 10, 2025. Recall that Justice A. M. Lawal had in the 2022 judgment granted a restraining order against interference with Afamefuna and Nwachukwu’s possession of the properties pending the harmonization of Ojukwu properties by OTL. Claiming to be unaware of the matter before Justice Onyebanji, Afamefuna and Nwachukwu last year served a ‘Notice of Disobedience of Court order’ on OTL, the Ojukwu and other tenants of the property. In their application seeking to be joined in the case before Justice Onyebanji, the Bianca sons claimed that they were not aware of the pendency of the suit and were not included as interested parties in the case. They argued that it would amount to a miscarriage of justice for the matter to be conclusively decided without their input as the issues in the case affect their interest. Meanwhile, OTL had last year, following the judgment of Justice Lawal harmonised the management of its assets and reaffirmed Massey Udegbe and Co as its estate agent and published the same in two national newspapers. Of the five properties in Bianca and son's 2012 suit, OTL claims that it had not been paid rent for 12 years (N144m) by Uche Obilor/West African Offshore Limited, occupants of 30 Gerard Rd,Ikoyi, Lagos. It also claimed that the occupants of 32a Commercial Avenue,Yaba, Foursquare Gospel Church, has not paid OTL any rent since 2017 while 4 Macpherson Rd,Ikoyi has been under Police ‘lock and key’ since July 2015. It also insisted that 29 Oyinkan Abayomi Rd, Ikoyi has been unoccupied for over 20 years while 13 Ojora Rd, Ikoyi is in good condition with good tenant-landlord understanding.
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An Arbitration Tribunal sitting in Lagos has ordered SANEF Creatives Ltd, a company owned by Bankers' Committee of the Central Bank of Nigeria, CBN, to pay the sum of N19.4 billion to Hanson Dredging and Marine Service Ltd, HDMS, for the unlawful termination of its contract for the dredging and reclamation work of Lagos Creative Entertainment Centre, LCEC, popularly known as the National Theatre. Sole Arbitrator of Tribunal, Engr Ayo Fanimokun gave the order on December 30, 2024 in his final arbitral award in the settlement of the contractual dispute between HDMS and SANEF Creatives- a special purpose vehicle of the Bankers’ Committee, which is composed of the Central Bank of Nigeria, CBN and the Body of Banks in Nigeria. HDMS had dragged SANEF Creative before the Council for the Regulation of Engineering in Nigeria, COREN's constituted Arbitration Tribunal in 2023 after its contract for the dredging and reclamation of LCEC was unlawfully terminated in May 2022. In its claims before the Tribunal through a team of lawyers led by Dr. Charles Mekwunye, SAN, HDMS averred that having signed the contract for the dredging and reclamation of LCEC with SANEF on November 11, 2021, it mobilised to site and had completed over 60 per cent of the contract when SANEF suddenly cancelled the contract on the ground that the 36 weeks completion date stated in the contract terms had elapsed. The firm further stated that following some unanticipated risk factors and prevailing economic situation in the country compounded by the Covid-19 pandemic, which delayed the execution of the contract, it requested for a review of the contract sum but that instead of conceding to its request, SANEF Creatives unlawfully terminated the contract and the CBN unlawfully interferred with the contract between HDMS and SANEF by directly debitting the full amount of N4. 2billion made to HDMS. Among the 13 reliefs sought by HDMS before the Tribunal include, a declaration that the purported termination of the contract for the dredging and reclamation works for LCEC was unlawful, premature and against the spirit and letters of the contract documents executed by the parties. HDMS also sought for a declaration that SANEF Creatives having wilfully elected not to insist on the time frame stipulated for the completion of the first phase of the contract within 12 weeks after advance payment, as a clear indication that it realised that there are obvious challenges that delayed the project, is therefore estopped from subsequently terminating the contract prematurely while citing time provision in the contract. The firm also sought a declaration that the decision of SANEF Creatives acting through CBN to withdraw the N4.2billion advance payment for the project was unlawful and further order directing SANEF to pay it, N35billion and N9.1billion as general and special damages respectfully for the unlawful termination of the contract. SANEF through its team of lawyers led by former Nigerian Bar Association, NBA, President, Mr Paul Usoro, SAN, in its response insisted that its decision to terminate the contract was lawful and made N70billion counterclaim against HDMS for the alleged losses it suffer following the breach of the contract and HDMS's refusal to remove its equipment from National Theatre ground to enable the execution of a landscaping contract with another company. Delivering verdict on the dispute after eight sittings and tendering of about 46 exhibits, with two expert witness testimonies, Engr Fanimokun raised six issues for determination and resolved five in favour of HDMS award against SANEF. On the issue of whether SANEF can insist on time being the essence of the contract in view of its conduct and condoning action before and after its purported termination letter dated May 26, 2023, Engr Fanimokun held that SANEF's failure to terminate the contract on the actual due date of February 11, 2022, was a clear waiver of its right to insist that time was of the essence. He held: "The Articles of Agreement on the Dredging and Reclamation Works did stipulate in Clause 8(ii) that 'Time shall be of the essence to this contract'. Clause 3 required the Claimant to execute the said works within a period of 36 weeks (with Phase 2A not exceeding a total of 12 weeks). "The advance payment was made on November 19, 2021 and the Claimant would have been expected to conclude the execution and delivery of Phase 2A by February 11,2022. "The Claimant did not conclude the Phase 2A of the Contract as at this date and the Respondent did not issue Notice of Default or Notice of Termination in accordance to the Contract. "But, on May 11, 2022, the Respondent issued a Notice of Default in the terms of Clause 12.1 of the Contract to the Claimant, and demanded immediate remediation from the Claimant within 14 days from the date of this letter of May 11, 2022. Respondent's letter of May 26, 2022 to the Claimant subsequently terminated the Contract. "..... From the foregoing, if time was strictly of the essence of the Contract as Claimed by the Respondent, then the Respondent's failure to terminate the Contract on February 11, 2022 was a breach of the Clause 8(ii) by the Respondent, but also a waiver of the Respondent's right to insist that time was of the essence." Referring to the General Conditions of the contract which took cognisance of risks, exceptional events, variations and extension of time as expressed in Clause 6, 13, 13.4, 10 and 7.3, Fanimokun held: "The Claimant was delayed in the completion of the Works through the Risks factors that arose during the execution of the Contract and which are known to the Respondent through the Agents/Consultants/Engineers who were on Site at all material times with the Contractor. "Significant in these factors are the Covid 19 pandemic and the re-routing of the pipes four times which is as a result of the erroneous initial Site route given by the Respondent about the SIFAX route. Also, Community compensation/relocation issues and various approval delays with stop work order given by the Government Agencies cannot be discounted. "The Respondent rightly stated that the Claimant never applied for extension of time, but the report of its agent on March 25, 2022 — Exhibit D8 clearly tabulated an extended timeline for the completion of the Contract. A new Work programme was agreed by the Parties at a meeting held on April 1, 2022 at Access Bank and hosted by a Director of the Respondent. "The provisions for Risks, Exceptional Events and Variation in the FIDIC Blue Book has make time to be of no more essence once these events occur. The Respondent kept their Agents/Consultants/Supervisors on Site to continue to supervise the Claimant's works till November 15, 2022 that is even after the termination of the Contract on May 26, 2022 for a Contract that should have been completed on February 11, 2022. "The Courts have held that where time is of essence and the Respondent has compromised the time element by not terminating the contract at the alleged agreed time, it is a waiver." Having held that time was no longer of essence in the contract since it was deemed waived by SANEF, the Tribunal declared the termination of the contract solely on that ground as premature and unlawful. The Tribunal also faulted the abuse of power by the CBN under its former governor, Godwin Emefiele in interfering with the contract by unlawfully recalling the advance payment made to HDMS by SANEF in the custody of Globus Bank . "The CBN interfered with the Contract by debiting the account of Globus Bank Limited with the total amount of the APG,N4,228,530,000:00 only on August 8, 2022 and which caused the Bank to debit same amount into the Claimant's account making it liable to the full sum of the APG. "The Respondent definitely abused its relationship with the CBN to have resulted to this action, without minding the level of work already executed by the Claimant and against the express provisions of the APG. This is unlawful and gross abuse of power," it held. The Tribunal went on to award special and general damages of N9.1billion and N5billion respectfully against SANEF in favour of HDMS for damages it suffered due to the contract termination. On whether HDMS was entilted to the value of the over 60 per cent job it had already done assessed as N5.33billion, the Tribunal held: "The Claimant, having already executed and or completed the contract job to over 60 per cent stage as at the time the Respondent unlawfully terminated the Parties’ Contract by forceful collection of the APG sum through the CBN, and ordered the Claimant to demobilise out the Site. "The Claimant is entitled to be paid by the Respondent for all the unpaid balance of the value of the work already executed by the Claimant under Clause 12.4 of the Parties’ Dredging Agreement accessed at the total sum of N5,331,532,738,13 plus acruing interest, and this Tribunal so hold." In its final conclusion, the Tribunal held that HDMS was able to prove the existence of fact to warrant the grant of the reliefs sought and granting HDMS N19.4billion and 25 per cent interest per annum from the date of the arbitral award. |
‘Professor’ Jide Josiah Jisos has been sentenced to six months in prison for impersonating his daughter during the 2019 Unified Tertiary Matriculation Examination (UTME). READ FULL REPORT: https://dataxpat.com/nigerian-professor-jailed-6-months-for-utme-impersonation/ |
An Ikeja Magistrates Court sitting Ogba, Lagos has struck out a sexual assault charge by the Police against a 42-year-old man, Mr Emmanuel Emeruwa. Emeruwa was initially arraigned on a holden charge before the court in June for allegedly sexually assaulting his five years old daughter in his Lagos residence. Emeruwa pleaded not guilty to the charge and was remanded in Police custody as the presiding Chief Magistrate, Mr B.O.Osunsanmi ordered that the case file be sent to the office of the Directorate of Public Prosecution, DPP, Lagos State for legal advice. Following a legal advice issued by the DPP on June 24, 2024, Magistrate Osunsanmi held that the defendant has no case to answer and struck off the one-count charge against him. The judgement of the court made available to our reporter stated: “Based on the advice of the DPP dated June 24, 2024, Reg No LIP/MISC/R/2024/114/8, it advised non-prosecution of the defendant. The defendant, Emmanuel Emeruwa is hereby struck out. Case dismissed.” A copy of the legal advice signed by Lagos DPP, Dr Babajide Martin and sighted by our reporter showed that Police investigation didn't not established any prima facie case against the defendant. The legal advice cited a family meeting in the duplicate case file where the mother of the victim had accused the suspect of sexually assaulting their daughter and later turned around to apologise stating that she made up the allegation out of anger. The document reads: “After carefully considering the facts available in the duplicate case file, this office is of the view that a prima facie case of sexual assault by penetration contrary to Section 261 of the Criminal Law Cap. C.17, Vol.3, Laws of Lagos State 2015, is not disclosed against the suspect, PG B1-Emmanuel Emeruwa. ‘’”The facts as contained in the duplicate case file revealed that the suspect and the complainants are constantly having issues in their marriage leading to physical assault on the suspect. “The complainant during one of the various meetings held by the family alleged the suspect of sexually assaulting the victim where the complainant eventually apologised that she made the allegation out of anger.” The legal advice also stated that there was a gross contradiction between the medical examination carried out on the victim by Mirabel Centre and another medical examination conducted by WARIF. Part of the document reads: “"The medical report from Mirabel Centre revealed blunt force penetration of the victim's Instruments (excluding penetration into her introitus) while the anal examination was found to be normal. The medical report from WARIP on the other hand found that the external female genital was normal, vagina was hyperemic and the hymenal membrane was not intact. “The report further found that the anal was bruised at position 12 O'Clock and there were anal abrasions. It is the law that the guilt of a Defendant may be proved by direct eye witness account, confessional statement or circumstantial evidence which is direct, positive, compelling and unequivocal. “There are none of these modes available in this case. The eye-witness account of the victim relates to touching of her front bumbum, the circumstantial evidence relating to the examination of the victim are contradictory, while one found blunt force penetration of the victim's Instruments (excluding penetration into her introitus) and also finding the anal to be normal, the other report found the genital normal, the vagina hyperemic and the hymenal membrane was not intact. “It is important to note that even the victim did not mention that the Suspect or anyone touched or penetrated her anus. The Suspect did not confess to the crime. “There is material contradiction that casts serious doubt on the allegation against the suspect especially as it relates to the offence. The law is that if there are contradictions in the evidence of the prosecution and the contradictions go materially to the charge, doubt will be created and the benefit of it must be given to the accused person in which case he will be discharged.” |
---Demands thorough investigation A chieftain of Labour Party, LP, in Anambra State, Paul Orajiaka has condemned last Sunday's killings in Nibo, a suburb community in Akwa South Local Government, saying that the horrible incident is a sad reflection of the worsening insecurity in the State. In a statement on Wednesday, Orajiaka, a former governorship aspirant condoled with grieving families who lost their loved ones in the attack by unknown gunmen and called on the state government and security agencies to ensure a thorough investigation which will not only lead to the arrest of the perpetrators but also unravel the real motives behind the attacks. The statement reads: “ I received with shock on Sunday the gruesome killing of some of our youths by unknown gunmen. I condemn in the strongest terms this type of mindless killings which has become a reoccurring thing in our once peaceful state. I express my heartfelt condolences to families that lost their loved ones to the senseless killing and pray that God will comfort them. “Unfortunately, this recent killing is another stark reminder of how terribly bad the security situation in our beloved Anambra State has become. Under the current administration of Governor Charles Soludo, no week passes without reports of killings and kidnapping of innocent residents of our state. “The core objective of any government is the protection of lives and properties of indigenes and residents. What happened in Nibo and many other reported and unreported cases is a pointer that the people currently running the affairs of our state are grossly incompetent and incapable of protecting our people. “It is not too late for the All Progressives Grand Alliance led government to wake up to its responsibility of safeguarding lives and properties. I urge Governor Soludo and his team to immediately fish out those behind the killings in Nibo. Besides ensuring that justice is served, the government must also go after sponsors of insecurity in the state. Nibo killing is one too many and must not be swept under the carpet. ‘I also appeal to our security agencies to leave no stone unturned in unmasking those behind Nibo killing. There must be no sacred individuals too powerful to engage in criminality without being made to answer to their evil deeds. I sincerely hope that our security agencies will live up to their responsibilities this time. “
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Lagos State, Nigeria – October 17, 2024 – Segilola Resources Operating Limited (SROL), Nigeria’s pioneering gold exploration and production company, has been recognized by the Nigerian Export Promotion Council (NEPC) as one of Nigeria's top 10 non-oil exporters in 2023. This prestigious accolade was presented at a ceremony acknowledging the nation’s leading non-oil exporting companies, where the Minister of Industry, Trade, and Investment, Hon. (Dr.) Doris Nkiruka Uzoka-Anite MD, CFA, commended their contributions to driving economic growth beyond the traditional oil sector. The recognition underscores SROL’s ongoing commitment to supporting Nigeria's economic diversification through robust export initiatives. Mr. Austin Menegbo, Country Manager for SROL, expressed pride in this achievement, stating, “This acknowledgment is a testament to our efforts in driving sustainable development and supporting local employment. We are proud to contribute to the nation’s export landscape, and it is encouraging to see our efforts recognized at this level.” In addition to this honour, SROL’s dedication to excellence has also been celebrated with the CIPM Oscar Award for HR Best Practice in the Mining Sector, further solidifying the company’s leadership in innovative labour practices. This award recognizes SROL’s commitment to diversity, inclusion, and talent development, setting benchmarks in the industry for employee engagement and strategic HR. SROL’s flagship project, the Segilola Gold Mine, has set a precedent for commercial gold mining in Nigeria. Located in Osun State, it commenced production in 2022 and achieved an impressive output of 98,006 ounces of gold in its first year. In 2023, the mine produced an additional 84,609 ounces. Beyond contributing to Nigeria’s solid minerals sector, the mine has provided significant employment opportunities, with 44% of the workforce drawn from Osun State and 28% from local host communities. SROL remains steadfast in its mission to drive economic growth, create local employment, and advance the mining value chain within Nigeria. The NEPC recognition and the recent CIPM award affirm SROL’s role as a leader in non-oil export, sustainable development, and innovative labour practices. As the company looks to the future, it continues to set high standards in responsible sourcing, capacity building, and ethical practices, solidifying its position as a model for the mining industry in Nigeria and beyond. PHOTO CAPTION: L-R Austin Menegho, Country Manager, Segilola Resources Operating Limited; Hon. (Dr.) Doris Nkiruka Uzoka-Anite MD,CFA, Minister of Industry, Trade and Investment at the award ceremony, recognising Segilola Resources Operating Limited as one of the Top 10 non-oil exporters in Nigeria by the Nigerian Export Promotion Council (NEPC) in Abuja, Nigeria.
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A U.S based Nigerian medical doctor, Dr. Ijeoma Nduka-Nwosu, has dragged Major Joseph Adebiyi of the Nigerian Army before the Lagos State High Court for allegedly trespassing on her property located at Olugborogan Village, Lekki, Lagos State. In the Suit No. LD/14323LMW/2023, Dr. Nduka-Nwosu, averred that she is the rightful owner of the parcel of land measuring 2912.150 square metres which she purchased from the Sule Olusesi Chieftaincy Family in 1992 The medical doctor claimed that she had maintained uninterrupted possession of the property since the purchase and made substantial investments on the property including constructing a residential building that had reached a habitable stage until December 2021 when some thugs allegedly acting under Major Adebiyi's direction invaded the property resulting in extensive damage valued at over N25 million. She claimed that the attackers destroyed the perimeter walls and stole construction materials, all while threatening her workers and asserting that Major Adebiyi had taken over the land. Dr Nduka-Nwosu further claimed that the incident was reported to various law enforcement agencies including the Lagos Task Force on Land Grabbing but that the matter escalated after Major Adebiyi allegedly attempted to misrepresent ownership of the land through a questionable Deed of Assignment, which was later confirmed as fraudulent by the Authorities after investigations, with key signatories denying any association with it. The plaintiff also claimed that Major Adebiyi at some point tried to twist the matter by petitioning the police over an alleged harassment on him but that the police after a thorough investigation dismissed the allegation. The plaintiff is seeking multiple reliefs, including a declaration of her ownership of the land, an injunction to prevent further trespass by Major Adebiyi and his agents, and N50million in damages for the alleged destruction, emotional distress, repair costs, and general trauma caused by the attacks. In a statement issued on her behalf yesterday by the Head of Chambers, Ubani & Co, Legal Practitioners, Mr Joseph Igwe, Dr. Nduka-Nwosu claimed that despite the ongoing legal proceedings and evidence against him, Major Adebiyi has continued to harass her and disrupt her lawful possession of the property. Igwe in the statement noted that Major Adebiyi has not filed any defence to the suit against him but has rather continued to lay claim to the property and is presently attempting to resurvey the property. Part of the statement reads: "This suit has since 2023 been served on Major Adebiyi, with an application for interlocutory injunction, but till date, he has been unable to file any defence to the suit, and rather than filing a defence, he continued trespassing on the land as if no legal action has been instituted against him. "When the two persons he allegedly sold the land to, discovered that his claim to ownership was fraudulent; they reported the matter to EFCC. The agency promptly arrested him and commenced an investigation which confirmed that he is not the owner of the plots of land. "He has presently re-surveyed the land and is attempting to sell to other gullible prospective buyers. "We are using this means to warn all prospective buyers to beware as they will be defrauded and lose their money as Major Adebiyi does not have an entitlement to the land. The matter is lis pendes." |
The Lagos State Government has advised organisers of the October 1 protest not to disrupt the social and economic activities in the state during their protest saying that the directives of the governor of the State to the Commissioner of Police of Lagos State for maintenance and securing of public safety and public order during the protest stands The state government also said that a Lagos High Court order which restricted the protest to Freedom and Peace Parks in the Ojota and Ketu areas of the state is still binding. Recall that the organisers of the October 1 protest at a press briefing last Thursday had stated that the protest in Lagos will commence at Ikeja under bridge at 7:30am, with participants marching through various streets to raise awareness on what they described as 'anti poor policies' of the federal government. They also requested the Lagos state Commissioner of Police, Olanrewaju Ishola, to provide adequate security for all protesters in line with the Police Establishment Act 2020. Responding to questions by some journalists on the issue on Sunday, the Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro, SAN, noted that the state Governor, Babajide Sanwo-Olu is not opposed to any group of residents expressing their view about any government by way of public protest, but that such expression must be done within the confines of the law. Pedro stated that a Lagos High Court had restricted the protest in the state to Freedom and Peace Parks in the state and urged the protesters to respect the court order by confining themselves to the two venues. He said: "We have and shall continue to engage the civil societies and NGOs in Lagos who are genuinely interested in the development of Lagos State to explain and enlighten them that the Governor of Lagos State Babajide Sanwo-Olu is not opposed to any group of residents to express their view about any government by way of public protest as it is their fundamental right guaranteed by the Constitution of Nigeria 1999. "However the fundamental rights to freedom of speech, association and assembly is not absolute and by virtue of section 45, section 215 (4) of the Constitution of Nigeria (as amended) and section 4 & 10(2) of the Police Act, it is lawful for the Governor of Lagos State or the Attorney General of Lagos on his behalf to give the Commissioner of Police of Lagos State directive for maintenance and securing of public safety and public order that may impact on the exercise of these fundamental rights.” Pedro insisted that the state government would not permit any street protest that can be hijacked by criminal elements whose agenda is destruction of government or other residents’ properties. "In that respect we advise that the organisers should utilise the designated venues in the State for public protest to wit; Freedom Park and Peace Park for adequate protection and coverage of the protest by members of the press," he said. Continuing, Pedro said; "It is the same set or group of people that organised the last protest that are planning the Oct 1st protest, so they should be guided by the interim preservative order of injunction of court restricting public protest in the State to designated venues for the purpose. "More so a substantive action is pending in court against them wherein an order of Interlocutory and perpetual injunction are being sought to permanently restrict any person or group of persons that wish to organise public protest in Lagos State to do so at designated venues. "It is settled principle of law that a defendant who is aware of a pending claim or application for injunction against him in a court of law, has an obligation to respect the court process and not engage in the same act sought to be restrained. “Therefore whether the interim preservative order is subsisting or not, by the subsisting suit, it will be unlawful for any body, civil society or NGO in Lagos to convene any public protest outside the designated venue. "They should use the designated venues for their protest so that adequate security protection and traffic management can be provided for them to exercise their recognised fundamental right to freedom of speech, association and assembly without fear of the protest being hijacked and turned violence as experienced during the #EndSARS protest. “The last End bad governance protest in Lagos was violence-free and successful because it was held in designated venues for public protest in the State. "I believe that if the real intention and plans of the organisers of the protest is to air their views and resentment against government policies and hunger in the land, making use of the designated venue will not be prejudicial to them unless of course they have a different and hidden agenda. "I would also advise a rethink of the idea of taking over the streets of Lagos for the purpose of the protest bearing in mind that the fundamental rights of other people not interested in the protest should not be infringed upon and that the properties or businesses of other people may be destroyed if the protest is hijacked on the streets." |
The Attorney General and Commissioner for Justice, Lagos State, Mr. Lawal Pedro, SAN, has refuted the claim by the Economic and Financial Crimes Commission, EFCC, that while in private practice he was responsible for several adjournments in the trial of an American, Marco Ramirez, who was convicted last week in Lagos for a $1.2 million EB-5 visa scam. Ramirez, an American businessman was sentenced to 68 years in prison on Tuesday last week by a Lagos High Court along with his companies, USA NOW LLC, Eagle Ford Group LP and USA Now Energy Capital Group LP, for defrauding some Nigerians through the Employment-Based Fifth Preference (EB-5) US Investor Programme. Ramirez who was first arraigned by the EFCC on June 22, 2017, before Justice Josephine Oyefeso of the Ikeja High Court, Lagos, was later re-arraigned before Justice Mojisola Dada of the Special Offences Court in 2019 on an amended 12-count charge of conspiracy and obtaining under false pretence. Following his re-arraignment, Ramirez engaged the services of Mr Pedro, SAN, who handled his defence until 2023 when he was appointed Attorney General and Commissioner for Justice, Lagos state. In a statement issued by the EFCC after Ramirez's conviction last week, the Commission had claimed that Ramirez's trial "suffered several adjournments occasioned by Mr Pedro, SAN, and the inability of the defence to file its own final written addresses in good time, even after the prosecution counsel, M.S. Owede and S.O. Daji, had filed theirs." But reacting to the statement, Mr Pedro in an interview with some journalists, denied the allegation and claimed that the record of the court show that he concluded the trial diligently. He said: "Yes the report was brought to my attention by my son who is also in legal practice and wondered why I made the case suffered several adjournments as reported despite my frequent admonition of counsel to avoid delay of cases. "I have read the report and it is mischievous. It is in respect of the judgment in favour of EFCC. The report is a one sided story of the case as usual. But giving a wrong and misleading reports to disparage me is most unfortunate, disappointing and least expected from the Commission "It is on record that after my appointment as Attorney General & Commissioner for Justice in September 2023, I ceased to represent the Defendant and another counsel, David Odde of Seagate Partners took over the defense. "The counsel appeared several times in the matter and I was reliably informed that he appeared on the day of the judgment. My question is why is his name not mentioned in the report but mine. "Also the defence of the defendant made in court backed with documents to the effect that at the time money was collected for the Visa from the complainants he had approval and license of the US Home Office to process the Visa on behalf of applicants, was not included in the report for a balanced story. According to him the report was an attempt to misled the public and cast aspersion on him. |
July 27 every year may not be a public holiday, but it is a date revered by many Nigerians because someone dear to their hearts was born on this day. Today is indeed a special day because Dr. Monday Onyekachi Ubani was born. In his over five decades of sojourn on mother earth, Dr Ubani, like a shining star has continued to radiate love, kindness, empathy to many locally and internationally. His doggedness and courage in standing up for the oppressed in the society has endeared him to the heart of many and made him one of the most loved human rights fighters of our time. In the last decade, Ubani has spearheaded many agitations for rights of the common man through public interest litigations, media advocacy and stakeholders engagements. For every oppressive policy of the government either at the federal or state level, in recent years, his voice of condemnation has always been amongst the first to be heard. He is never the kind to keep quiet when the common man is at the wits-end of government's bad and senseless policies. At the risk of his personal safety, Ubani has never shielded award from speaking truth to power. During the Covid-19 epidemic when the federal government decided to make vaccination compulsory for civil servant, Ubani did not only kicked against it but also filed an action against the government. The policy was declared illegal by the court and was reversed by the government . In 2021 when the federal government unilaterally banned the use of Twitter, Ubani was up in arms again with the government in court. After months of legal fireworks, he won the case as the court declared the ban illegal. That same year when the federal government initiated compulsory Sim and NIN registration and set an unrealistic deadline for it, Ubani dragged the government before the court. After an intriguing legal fireworks, the court sided with Ubani and extended the deadline by two months to give citizens ample time to register their Sim and link their NIN to their bank accounts. When again the government muted the idea of banning the much love food of the common man 'Ponmo' in 2022, Ubani along with many others human rights activists rose up against plan. The idea never saw the light of day thanks to the bark of the peoples advocate. To Ubani's credit, Car Dealers across the country whose businesses were perpetually being harassed by Customs officials on a daily basis, can now hive a sigh of relief due to a judicial pronouncement in a suit filed by him. In the historic judgment, the court declared the practice of raiding Car Marts by Customs officials on account of underpayment of customs duties illegal. Since that judgement, no car mart has been raided again by Customs officials. Born to a humble family in Awomukwu Village in Ikwuano Local Government Area of Abia State, Ubani has risen from a young ambitious village boy to become a successful lawyer, an opinion moulder and one of the few respected voices on national issues in the country. Ubani’s quest to impact humanity started way back in 2012 when 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 vote even more than that of the president of the Association, an indication of his popularity within the legal circle. Due to the feat he achieved during his tenure as a second vice-president, Ubani was elected as chairman of NBA-SPIDEL to revive the Section which was almost in comatose. Since mounting the leadership of NBA-SPIDEL, the Section has become a reference point in the fight to enshrine rule of law and hold the government to account. 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 Dr Ubani 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 subsequently She is happily married to her heartthrob. She was eventually given a house and several gifts by former Vice President, Prof Yemi Osinbajo SAN. 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 escaped the watchful attention of many credible local and international organizations. He has been honoured with PHD Honoris Causa by two prominent universities abroad and he is presently pursuing an academic PHD in Babcock University specialising in Public Interest Jurisprudence. Ubani is married to Lady Faurstina and is blessed with four lovely children, two of whom had earned masters degree from Nottingham and Bournemouth Universites in UK.
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Grace Nation Church has decried attempts by previous members, one Omolayo Ibukun Michael to use the media to blackmail it over two vehicles he gifted the church about three years ago and is now demanding it's return. In a statement on Monday, the legal representative of the church, Ilesanmi Akinwale acknowledged that Omolayo indeed gave the church two jeeps three years ago, out of his own freewill in an open church service, but denied owing him any amount for any transaction. Akinwale stated that the church was shocked when Omolayo recently began to make a demand for the return of the two vehicles and a non-existent amount in debt which he claimed the church owed him for the supply of diesel. Akinwale who further stated that the church never at any time solicited nor requested any gifts from Omolayo, noted that the two vehicles were parked for over three years at the church premises until it decided to sell one and gift the second one to a member of the church. The statement reads: "Our attention has been drawn to attempts by one Omolayo Micheal to use the police and the media to blackmail, intimidate and tarnish the image of Grace Nation Church over two vehicles which he gave to the church. "While we acknowledged that Omolayo indeed gave the church two jeeps out of his own freewill in an open church service three years ago, and earlier this year began to make a demand for the return of the said cars we believe that it is important to make some clarifications over the matter in light of the attempts to use the media and the police to intimidate the church. "Sometime in 2021, Omolayo in an open service gave two cars to the church as his modest way of expressing and appreciating God’s faithfulness in his life, family and business and thereafter, gave the original documents of these vehicles to the church secretariat. "For close to 3 years, the vehicles were really never in use and were parked in one spot until the church management decided that rather than allow the vehicles to rot, one of them should be sold and the proceeds remitted to the church coffers for the promulgation of the gospel. "The church management also agreed that the second jeep should be given as a gift to a member in an effort to support and encourage its members. "Sometime in March this year, Omolayo approached our Presiding Pastor for N10million financial assistance stating that his business had not been doing quite well. As a church with the well-being of members at heart, efforts were made to assist him to obtain a loan from a bank. "We were shocked when recently Omolayo petitioned the police claiming that the church refused to return the two vehicles and is owing him N50 million for the supply of diesel. We have also been inundated with calls from the media threatening to publish negative reports against the church. " While we reiterate our commitment to stand by any of our church members going through difficult times, we will not sit back and allow anyone to damage our hard earned reputation and integrity through cheap blackmail, character assassination and extortion. " We will also not hesitate to take all lawful steps to ensure that will seek redress in response to all the false allegations and shenanigans being deployed against us."
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---Denies defiling 5yr-old daughter A man, Emmanuel Emeruwa has debunked what he described as 'a well coordinated malicious social media campaign' against him over allegation that he defiled his 5 year-old daughter. In a statement issued on Sunday by his lawyer, Ife Ajayi, Emeruwa accused his estranged wife of cooking up the allegation against him so as to have sole custody of their children and his personal estate. Expressing optimism that he would be vindicated over the allegation, Emeruwa said that it is disheartening that some persons have been paid to run a well coordinated social media campaign to defame him and wipe up negative sentiments against him, whereas the matter is before the court. The statement signed by his lawyer reads: "Our attention has been drawn to various malicious stories against our client circulating on social media, particularly on Instagram, which we believe emanated from a post by the username @justadetoun, alleging that our client defiled and violated his own daughter, who is 5 years of age, whose name we shall withhold. "For the record, our client denies each and every allegation levied against him by his wife - Mrs. Eileen Nneka Emeruwa, and he verily knows, that she is only using these unfounded and baseless allegations, coupled with her negative social media campaign, against him to settle their matrimonial and personal dispute in order to have him incarcerated for a very long time and have sole custody of their children and his personal estate. "During the cause of investigating these allegations by the Nigeria Police, as counsel, we took our time in evaluating the said allegations, the facts as provided by our client’s wife and juxtaposed same with the evidence (both material and clinical) and it is quite clear, that the evidence do not match the offences alleged. "However, due to constant interference of Police investigation by various 3rd Party organizations, whose understanding of law is 'guilty by allegation' and a well-coordinated and strong negative media campaign against our client and the Police (alleging that they may have being compromised), necessitated the Police bringing charges against our client. "We therefore look up to the court to treat the case under reference on its merit as only the court has the powers to undertake a final decision on same guided by the evidence before it. "We hereby caution the general public to desist from peddling further rumours and/or bearing false accusations against our client and allow for the court to adjudicate on this case and make its findings in the interest of justice." |
The High Court of the Federal Capital Territory, FCT, Abuja, has dismissed the preliminary objection by Senator Ita Enang against the defamation suit filed against him by the immediate past Governor of Akwa-Ibom State, Udom Emmanuel. Udom suing through his lawful attorney Ekerete Udoh had dragged Senator Enang before the court in 2019 for an alleged defamatory statement he (Enang) made against him while speaking at a Lagos based radio station. Not being able to serve Senator Enang with the writ of summons in the suit no CV/2058/2019, within the six months duration allowed by the rules of the court, Udom through his lawyer, Dr Charles Mekwunye, SAN, filed an exparte application for its renewal which was granted by Justice Olukayode Adeniyi. Upon being served with the originating processes, Senator Enang filed a preliminary objection challenging the competence of the suit and jurisdiction of the court to hear the matter. Enang argued through his lawyer, Ntufam Ukweni, SAN, that the court was wrong to have heard and ruled on the exparte application filed by Udom since according to him, at the expiration of the initial writ of summons, there was no longer a substantive suit before the court warranting it to assume jurisdiction . Senator Enang also raised three other objections; that Udom wrongfully filed the suit through Ekerete Udoh, that he did not joined the radio station where the alleged defamatory statement was made and that the entire suit did not disclose any course of action. Ruling on Senator Enang's preliminary objection last month, Justice Adeniyi dismissed all his grounds of objection. On the validity of the renewed Writ of Summons which Enang challenged, the court agreed with the argument of Dr Mekwunye, SAN, that a Writ that has not been served at the expiration of its life span is not void but merely ceases to be in force and as such remains valid until it is renewed. Justice Adeniyi held, "On the contention of the senior learned counsel that the Claimant served the Defendant with the same 'dead' Writ, after obtaining the leave of Court, and as such rendering the Writ incompetent, I hold that the Claimant's failure to comply with the Form prescribed in Order 6 Rule 6(2) of the Rules of this Court, for service of the renewed Writ on the Defendant is a mere irregularity that has no fatal consequences to the competence of the Writ or the jurisdiction of the Court to entertain the same. "I agree with the submissions of the Claimant’s senior learned counsel that the provision of Order 5 Rule 2 of the Rules of this Court is applicable to cure the irregularity. On the basis of the foregoing analysis, I must disagree with the submissions of the senior learned counsel for the Defendant that the order made renewing the lifespan of the expired Writ was made without jurisdiction or that the Writ was dead as it were. Those grounds of the objection are accordingly overruled. " On Enang's objection that Udom wrongfully initiated the suit through Ekerete Udoh, the court held: " Whether or not the name of the person endorsed on the face of the Writ as the attorney by whom the Claimant has commenced the action is different from the person whose name is pleaded in paragraph 2 of the Statement of Claim as well as in the Power of Attorney frontloaded alongside the Statementof Claim, are not matters that could in any way render the Claimant's action incompetent or affect the Court's jurisdiction to entertain the same. I so hold. "As was clearly held by the Court of Appeal in Emecheta vs Okeke, the donor of a Power of Attorney is not precluded from performing by himself, the functions delegated to be done by the Power of Attorney. As such, in the present case, the Claimant is not bound by the authority he gave to Ekerete Udoh to initiate the action on his behalf. As the Claimant, he has the liberty to elect either to give evidence in the case in person or through anyone he elects, so far as the adverse party has notice of who his witness(ses) is(are)." The court also overruled Enang's objection that the radio station where he made the alleged defamatory statement was not joined, saying that it is rudimentary that a claimant can decide who to sue between the author and the publisher in a defamation suit or both. On Enang's objection that Udom had not disclosed any cause of action in the suit, the court held; "It is my humble view that for the Court to determine, at this stage of the proceedings, whether or not the Claimant has proved publication of the alleged libel will amount to deciding the Claimant’s substantive suit at an interlocutory stage. "I must also overrule this ground of the objection. In the final analysis, I must remark that the instant objection has attempted to cast a shadow of technicality on the substance of this case; though unsuccessfully. Accordingly, the objection, considered a wasteful adventure, must be and is hereby accordingly dismissed." The matter has been adjourned to June 6, 2024 for hearing. |
The Independent Petroleum Marketers Association of Nigeria, IPMAN and some stakeholders in the Petroleum sector have asked the Federal Government to immediately reopen the Taurus Petroleum Depot and Koko jetty in Delta State shut since January following an investigation into a contaminated Petroleum Motor Spirit, PMS, shipped in by Nigeria National Petroleum Company Limited, NNPCL. Taurus depot, a major Petroleum trucking outlet in the region was sealed by the Nigerian Midstream and Downstream Regulatory Authority, NMDRA, in January due to an ongoing investigation into the discharge of over 9.8million litres of water in place of pms shipped in by NNPCL through a Vessel into one of its tanks. The vessel, named Mt Austria at the centre of the investigation has been immobilized and continued to obstruct the only jetty used to discharge fuel into other depots in the area. While the outcome of an investigation into the incident is still being awaited, commercial activities in the areas have been grounded with stakeholders warning that the situation is already hurting investments in the sector and disrupting fuel supply to the region. Speaking on the development, the Chairman of IPMAN, Delta State, Mr Harry Okenin lamented the hardship faced by his members whose products are locked up in Taurus depot saying that it is unfair to subject the depot and its members to unquantifiable losses over a matter they know nothing about. "Our members are dying. Taurus depot should be reopened for our members to take their products. We also want the Federal Government to open the retail NNPCL portal for us to buy fuel directly from the government," he said. Also speaking on the issue, the Warri Zonal Chairman of Petroleum Tanker Drivers Association, Vincent Ojeagba said that it is worrisome that the government would shut down a private investment like Taurus depot without bothering over the huge consequences of such action on its owners. He said: "Shutting a major depot like Tuarus is not a good decision by government. This kind of action is capable of discouraging investment in the sector. This issue here is clear. A vessel brought in 20 million liters of PMS and about 9.8 million liters was found to have been contaminated with water. Investigation commenced five months ago and to date, there has been no outcome. Meanwhile Taurus depot and Koko jetty remain shut. That is unfair. "We are appealing to the Federal government to relocate to the vessel under investigation from Koko jetty to make way for other vessels to come in. Taurus depot should also be reopened for Marketers to access their products." Also speaking on the matter, a community leader in Koko, Daniel Obayendo said the closure of Taurus depot and Koko jetty has not only crippled the local economy but also lead to scarcity of fuel in the region. "This is like a death sentence for our local community. Our people thrive on the business activities around Taurus depot but that is no longer the case since the depot was shut. Our appeal is that the government should reopen the depot."
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---Judgment has already been delivered in the suit which late Chief Odumegwu-Ojukwu was a party. Afamefuna and Nwachukwu, sons of Bianca Odumegwu-Ojukwu, wife of late Biafra leader, Chief Chukwuemeka Odumegwu-Ojukwu have applied to be joined as parties in a 2011 suit filed by Ogbonna Ojukwu and others against the Ojukwu Transport Limited, OTL, and others in which judgment had been delivered in 2018. Justice Adedayo Oyebanji had while delivering judgment in the suit marked LD/794/2011, granted possession of Ojukwu Transport Ltd properties in Lagos to Ojukwu Transport Ltd including No 29 Oyikan Abayomi Drive, Ikoyi Lagos. Chief Chukwuemeka Odumegwu-Ojukwu was a party to the suit until his demise in 2011. Based on the judgment, OTL, executed a warrant of possession on all its properties in Lagos with certificate of completion of execution of warrant’ obtained in July 2022. Afamefuna and Nwachukwu have however now applied before the court to be joined as “Interested parties in the matter” and also be exempted from the already executed warrant in a case in which judgment was delivered in June 2018. They based their application on the ground that another Lagos High Court had in a judgment in 2022 on a 2012 case marked LD/1539/2012 which they filed against OTL and others, granted them possession of 29 Oyikan Abayomi Drive, Ikoyi and four others properties. Justice A. M. Lawal had in the 2022 judgment granted a restraining order against interference with Afamefuna and Nwachukwu’s possession of the properties pending the harmonization of Ojukwu properties by OTL. Claiming to be unaware of the matter before Justice Onyebanji Afamefuna and Nwachukwu last year served a ‘Notice of Disobedience of Court order’ on OTL, the Ojukwu and other tenants of the property. In their application seeking to be joined in case before Justice Onyebanji, the Bianca sons claimed that they were not aware of the pendency of the suit and were not included as interested parties in the case. They argued that it would amount to miscarriage of justice for the matter to be conclusively decided without their input as the issues in the case affect their interest. Meanwhile, OTL had last year, following the judgment of Justice Lawal harmonised the management of its assets and reaffirmed Massey Udegbe and Co as its estate agent and published the same in two national newspapers. Of the five properties in the Bianca and sons’ 2012 suit, OTL claims that it had not been paid rent for 12 years (N144m) by Uche Obilor/West African Offshore Limited, occupants of 30 Gerard Rd,Ikoyi, Lagos. It also claimed that the occupants of 32a Commercial Avenue,Yaba, Foursquare Gospel Church, has not paid OTL any rent since 2017 while 4 Macpherson Rd,Ikoyi has been under Police ‘lock and key’ since July 2015. It also insisted that 29 Oyinkan Abayomi Rd,Ikoyi has been unoccupied for over 20 years while 13 Ojora Rd,Ikoyi is in good condition with good tenant-Landlord understanding. At the resumed hearing for the fresh application for the joinder on April 22, 2024, OTL Director, Dr P Ike Ojukwu, their agent, Mr Massey Udegbe and lawyer, Chief Ifeanyi Okumah were in court while Bianca, her sons and their lawyers were absent. The case was adjourned till May 20, 2024.
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An Ogun State High Court sitting in Abeokuta has granted an order restraining a property firm, Property Cafe Ltd, from selling or allocating a disputed five plots of land located at Pen Estate Phase 1, Asese-maba, Obafemi-Owode, Ogun State. The court presided over by Justice A.A. Akinyemi gave the order following an order for Interlocutory Injunction filed by a businessman Adewale Oladejo seeking to stop the firm and it's Managing Director, Olalekan Okewoye from selling or reallocating the plots of land which he claimed had been allocated to him by the company. In the substantive suit no. AB/797/2023 filed by his lawyers Victor Fredrick and Sandra Abiem, the businessman claimed that between 2015 and 2017, he purchased about 7 plots of land from the property firm at a total cost of N17,500million and was duly given a deed of assignment covering the plots of the land; five plots at Phase 1 and two plots at Phase 2, of Pen Estate . The plaintiff claimed that he subsequently began the process of perfecting his title to the seven plots of land with the payment of necessary charges and fees to the Ogun State Government but was shocked when he returned from his base in the United Kingdom last year, to discover that his five plots of land at Pen Estate had been reallocated to someone else by the property firm. Mr Oladejo is seeking amongst other things, a declaration that the reallocation of his five plots of land marked as plan nos.OG1441/2018/08,OG/744/2018/036,OG744/2018/37 and OG/744/2020/03 situate at Pen Estate Phase 1, after a deed of assignment had been issued to him, is illegal, null and void. He also sought an order declaring a clause in the deed of assignment that empowers the defendants to reallocate his plots as illegal and a further order reversing the reallocation of the five plots of land with N10milion payment as damages against the defendants. In their defence, the defendants insisted amongst other things that the plaintiff's right to the five plots of land was deemed waived for failing to take full possession of the land within three months of purchase. Ruling on the Interlocutory Injunction filed by the plaintiff seeking to restrain the defendants and their agents from selling or reallocation the disputed five plots of land, Justice Akinyemi held. "In lieu of the application for interlocutory injunction dated November 20, 2023 and by agreement of both learned counsel, it is hereby ordered that both parties shall maintain status quo ante bellum pending the final hearing and determination of this case." The case has been adjourned to April 16, 2024 for mention. |
AFCON Finals: Nigerians are proud of your performance, Umeha tells Super Eagles, technical teams A member of the House of Representative , representing Ezeagu/Udi Federal Constituency, Enugu State, Hon. Barr. Sunday Cyriacus Umeha has congratulated the Nigerian Super Eagles for their performance at the just concluded Africa Cup of Nation in Ivory Coast. Hon. Umeha in a statement by his Head of Media and Public Communication, Barr. Raymond Nkannebe stated that whilst the squad may not have come home with the Gold, they have every reason to be happy as Nigerians are proud of their performance. The statement reads: "Whilst we may have failed to bring back the Gold, one thing is however certain: we are a people filled with hope for a positive outcome. "In spite of the outcome of the finals, I am convinced that the performance of the Super Eagles is a source of inspiration that reminds us that even in defeat, there lies an invaluable lesson in courage and determination. "Indeed, as Baron de Coubertin, father of the modern Olympic Games emphasized, "the important thing in the Olympic Games is not winning but taking part; the essential thing in life is not conquering but fighting well". "There is no question that our Boys gave it their all, and in that sense, we can say they acquitted themselves. Thus, irrespective of the outcome we must now live with, our efforts as a people echo a promising message that, with time and collective perseverance, a brighter tomorrow awaits us. "I urge all of us to remain steadfast, united, and hopeful for the future, knowing that victory may not always come immediately, but our resilience will pave the way for success in the long run. "It is on this note that I wish to congratulate and commend the Super Eagles and the entire coaching crew for being a beacon of hope and inspiring millions of Nigerians over the course of a tournament that once again proved the unifying power of the beautiful game."
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As the legal battle over the Mambilla Hydro-Power Project rages, here are 10 facts you need to know about the former Minister of Power, Dr Olu Agunloye and Project. 1. Dr Olu Agunloye did not award “any contract for $6 billion”, and he was not involved in “any $6 billion fraud” as being misrepresented in the media by distortions that are traceable to the EFCC to damage and disparage. 2. On 22 May 2003, Dr Agunloye, acting as the Minister of the Federal Republic of Nigeria conveyed a legitimate approval of the award of the construction of the 3,960-Megawatt Mambilla hydroelectric power project estimated at $6 billion to Sunrise Power and Transmission company (Sunrise) as a *_Build Operate and Transfer_* (BOT) at NO COST to the Federal Government of Nigeria (FGN). Under the BOT, Sunrise was to raise its own funds for the construction of the hydroelectric dam and was to operate it for about 35 years, selling the generated electricity therefrom at pre-agreed tariffs to recover its expended funds and thereafter transfer ownership to FGN. The FGN has not paid a single Naira to Sunrise up to this day. 3. On 10 January 2024, Dr. Agunloye was charged to the FCT High Court for “awarding a BOT contract without any budgetary provision, approval, and cash backing” and for “knowingly disobeying the directive of the President”. This was in spite of his then statutory powers as a sitting Minister under the Constitution of the Federal Republic of Nigeria to award contracts. Dr. Agunloye was also charged with receiving payments of N3,600,000 (three million and six hundred thousand Naira) in August 2019, N500,000 (five hundred thousand Naira) in October 2019, and N1,200,000 (one million and two hundred thousand Naira) in November 2019, over 16 (sixteen) years after the award of the BOT contract, from Sunrise’s Mr Leno Adesanya through bank transfers. The payments were said to be towards the medical treatment of the former minister over 16 years after he had left office. The payments were not “bribes for a $6 billion contract awarded” as being peddled in the media by the EFCC. 4. The extant laws of the Federal Republic of Nigeria in May 2003 did not require an approval of the FEC for a minister to award a contract, more so, a BOT contract that carried zero budgetary allocation. After Dr Agunloye gave approval of the BOT contract in May 2003, there have not been any contrary directives from any President or the Federal Executive Council (FEC) from 2003 to date. Importantly, the Sunrise Letter of Award of May 2003 predated the ICRC Act of 2005, which requires FEC approvals for projects and contracts of FGN. 5. Between 2000 and 2003, President Olusegun Obasanjo duly mentored the processes and award of Mambilla BOT contract. He led three Ministers of Power, excluding Dr Agunloye and other government officials, together with Sunrise, to hold multiple meetings in China with Chinese Government owned technical partners of Sunrise, all of which are renowned for construction of hydroelectric power dams. 6. Sometimes after June 2003, for reasons yet to be disclosed, President Obasanjo switched from the BOT model for the Mambilla project and proceeded to split the Mambilla hydroelectric power dam project into smaller components to be awarded as procurement contracts to be paid for by FGN even though splitting of contracts was and still is unlawful in Nigeria. 7. In 2008, the Yar’Adua regime set up an investigation that showed that the 2003 BOT contract to Sunrise was legitimate. Over the years, renown Nigerian lawyers like Chief Afe Babalola, SAN in Feb 2005, Gbolahan Elias, SAN in May 2018 and Chief Wole Olanipekun, SAN in December 2023 had duly pointed out to the FGN that the 22/5/03 BOT award to Sunrise was indeed legitimate. Also, Honourable Attorneys General of the Federation of Nigeria, HAGF Michael Aondoakaa, SAN on 12 November 2007 and HAGF Abubakar Malami, SAN on 20 May 2016 and 17 August 2017 had written to their respective Presidents that the May 2003 BOT contract to Sunrise by Dr Agunloye was duly awarded. 8. Between 2003 and 2007, President Obasanjo pretended not to know that his Minister Agunloye awarded the Mambilla Power Project as BOT, he split the contract, and re-awarded the pieces to other companies. The Yar’Adua and Jonathan presidencies terminated the split contracts for being improper and re-awarded the Mambilla Hydroelectric Power Project back to the Sunrise consortium in November 2012, but this was cancelled under the Buhari presidency in 2017. As a result of this cancellation, Sunrise headed to the international arbitration process in France, and this was followed by several negotiations, multiple breaches, and renegotiations by FGN. To wriggle out of the imminent Arbitration liability, FGN opted to plead pervasive internal corruption in Nigeria and thereafter to scandalise and criminalise key persons involved in the Mambilla Power Project excepting those who served under the Buhari regime, with the hope that this would nullify the Claim of Sunrise at the Arbitration. President Obasanjo promptly put forward Dr. Agunloye as a scapegoat who “disobeyed the president to award a BOT contract” hoping that this may save his own head from the multiple infractions committed in the power sector under his presidency. And, of course, EFCC jumped to action, declared “Dr Agunloye Wanted”, and started to treat him as a common criminal. 9. It is good that President Obasanjo has volunteered to testify in court against Dr Agunloye as this would offer him an opportunity to explain why he changed the Mambilla BOT contract to multiple procurement contracts and to make full disclosures on a number of issues including his personal relationship as well as those of his family members in Sunrise Power and Transmission Company. 10. The ongoing overzealous advocacy to make Dr Agunloye a scapegoat of the filths and corrupt practices in the power sector may not be unconnected with the desperation of the former president to cover his roles in the misappropriation of $16.4 billion funds secured for the power sector under his presidency. But, persecuting Dr Agunloye, generally perceived as one of the best of the lot, may portend greater disasters for the other Ministers of Power and their presidents. It should be recalled that the Yar’Adua probe into the power sector from 2000 to 2007 seriously indicted President Obasanjo, his close official staffs, and all his Ministers of Power except Dr Agunloye. It is surprising how hard corruption is fighting back in Nigeria and leveraging on EFCC as a willing tool. *#NigeriaOurCountry* *#Justice&Fairplay2024* |
Group to Tinubu: Be Wary of Ex Gov Udom Emmanuel Akwa Ibom League of Professionals, ALP, has lambasted former Governor Udom Emmanuel for seeking President Bola Tinubu's attention despite all the unprintable names he (Udom) called the President during the 2023 Presidential election campaign. In a statement issued yesterday in Lagos by its President, Ifiok Okon, the group noted that it is regrettable that Udom Emmanuel who once labelled President Tinubu with all manner of insults, is now trotting everywhere seeking to be in the good books of the President and spending millions of dollars to have access to the president today. The group cautioned the President to be wary of the likes of Udom whom they described as opportunists and wants to reap from where they did not sow. The statement reads in part: " We have watched keenly and observed how people like former Governor Udom Emmanuel are now seeking President Tinubu's attention after they took him to the cleaners with insults prior and during the 2023 presidential election. "We remember vividly how Udom Emmanuel spent over five minutes talking down the President after the All Progressives Congress, APC, Presidential campaign in Akwa Ibom State saying Tinubu doesn't have anything to offer Nigerians just because he (Udom) was called "a boy" which he is. "The 'Boy" locked the President and his entourage out of the VIP wing of the Victor Attah International Airport when the President landed for over 30 minutes, insisting that if the president's jet is allowed to be parked in the VIP wing that he will sack the MD of Ibom Airport . "We recall that if not for Senator Godswill Akpabio, the "Boy" wouldn't have allowed President Tinubu to use the stadium for the campaign just because he (Udom) felt he is a demigod. "That wasn't enough, Udom went ahead and claimed that the President isn't from Lagos but up till today, he is yet to tell us where President Tinubu is from". "Again, Udom went on to deceive himself and his small minded impoverished followers that the first money President Tinubu ever received when he came back from NADECO exile to relaunch himself was from his desk but until now he has refused to tell the whole world the amount, and if at all, was the money his"? "What a shame", the statement continues. "Udom boasted that Tinubu won't be the President of Nigeria, stating that there's nothing like "Emilokan" but what do we have today"? WATCH VIDEO OF UDOM EMMANUEL CALLING OUT PRESIDENT TINUBU https://www.youtube.com/watch?v=SodJVlSNjl4?si=9vYsbqowqmbdQEaY "Emilokan has come to stay and the boy (Udom) has no option now than to be begging to see the President". "This is a man who lives in the illusion of self-lust, believing in filtering away all the resources of the State on an endless voyage and bottomless pit of installing a puppet to cover his past deeds due to his belief that everyone has a price". "The question we want to ask Gov. Udom and Pst. Umo Eno is what has been the impact of their administration in the last 8years and 7 months on the lives of the people they governed? Filtering away the entire resources of the State all in the name of installing a successor and institutionalizing occultism in Akwa ibom State" "A man given to ingratitude and a betrayal of the highest order who can never keep his words. An issue at hand is his betrayal of Senator Akpabio who brought him to power as Governor of Akwa Ibom State but thereafter, he fought him out of the state but today he’s sending his stooge Pastor Umo Eno to befriend the same Senator Akpabio with all sort of mouth watering promises all to survive the immediate scare of the Supreme Court". "The question is, if all is ok, why these frustrations and apprehension in a man who believes he has conquered Akwa Ibom State?" The group queried. "Our sincere caution to President Tinubu is to be wary of people like Gov. Udom or his stooge because they are double-edged and speak from both sides of their mouth. They (Udom and Umo Eno) mean no good and should be avoided like a plague," the statement added. |
Veteran lawyer and former President of Capital Market Solicitor’s Association, Sir Benjamin Obidegwu has been elected as the new President of Igboekulie, an association with core mission to promote Igbo language and culture has elected new executives to oversee its activities. The rancor free election conducted by Prof Bernard Jiburum to usher in the new Obidegwu led executive followed the end of the 8 years tenure of Prince Ben Onuora led Executive Committee in September 2023. Obidegwu is a seasoned Corporate Attorney with over 30 years active law practice experience and immediate-past President General of Nzuko Obodoukwu Clan. Other members of the association includes, Dr. Oby Nwaokorie, Secretary; Mrs. Iphie Acha-Mba, Asst. Secretary; Dan Okoye, Treasurer; Vigil Anyanwu, Provost; Uche Ugwu, Welfare; Emeka Onyenacho - Head Finance and Fund Raising Committee; Paul Ogbuokiri, Head Education and Enlightenment Committee and Heavens Agwunobi, Strategy Committee. In his acceptance speech, Sir Obidegwu thanked his predecessor Prince Onuora, for the great work he did for the association for the eight years he was in charge and went on to emphasize that his leadership will direct strong energy towards achieving the objectives of the association and will build on the successes achieved by Prince Onuora. He also called all Igbo leaders to rise, support and promote the promotion of Igbo language and culture.
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A Lagos High Court sitting in Ikeja has discharged and acquitted a businessman, Rashid Huthman, and his company, Complete Leisure Estate Ltd, who were both arraigned before the court for allegedly providing false information to an official of the Economic and Financial Crimes Commission, EFCC. Huthman and his company were arraigned before Justice Mojisola Dada in 2018 by the EFCC for allegedly providing false information to its official in a petition he (Huthman) wrote to the agencies alleging that a former Director of Lands, in Lagos State and Director of Saglons Beverages Venture Ltd, Alhaji Olabanji Oreagba allegedly forged the signature of former Vice President, Prof Yemi Osinbajo (then Attorney-General of Lagos State) on a Deed of Assignment to deprive him of his land. In the petition, Huthman had urged the EFCC to investigate Oreagba whom he suspected had forged the signature of Prof Osinbajo on the Deed of Assignment in favour of Saglons Beverages Ventures Ltd. Huthman also claimed in the petition that he did not sign the Form 1C which Oreagba allegedly used to process Governor’s consent for the Deed of Assignment for a 6.3 hectares land located within Complete Leisure Estate Ltd 103 hectares land in Sangotedo which Oreagba later sold to Property Mart Ltd. Curiously, a few months after Huthman’s petition, the EFCC turned the case around and instead arrested the businessman claiming that he (Huthman) lied to its officer, Dan Azibagiri that the signature on the disputed Deed of Assignment was forged. During the trial, the prosecution called seven witnesses, Oreagba; Azibarigi; Dr. Muiz Banire, SAN; an EFCC detective, Emeka Okonjo; Mr. Babatunde Fashanu, SAN; a forensic document examiner, Benedict Agweye and the Managing Director of Property Mart Real Estate Investment, Ayodeji Fasunwon while the defence team led by former Solicitor-General of Lagos State, Mr. Lawal Pedro, SAN, called three witnesses, Huthman, a Director of Land Services in Lagos State Land Bureau, Bamidele Ibrahim and…. Delivering judgment in the matter, one year after the arraignment, Justice Dada upheld the submission of the defence team that there were indeed discrepancies in the signature appended on the Deed of Assignment which Oreagba allegedly used to secure Governor’s Consent for 6.3 hectares of land which formed part of the 103 hectares of land belonging to Huthman. Wondering how the EFCC came about the charges against Huthman and his company, the judge said: “Although, it will appear that the Prosecution in the charge against the Defendants seemed to have shield away from basing this case on the petition in Exhibit P4, as the particulars of the charge made no reference to it but rather relied on the allegedly false information of the Defendants to its officer, Dan Azibagiri between June 22, 2016, and February 15, 2017. Interestingly, the evidence of the said Public officer, Azibagiri as PW2, anchored his evidence solely on Exhibit P4, the Petition. "This petition is dated June 14, 2016, and was received by the Commission on June 16, 2016. Azibagiri in his evidence stated that it was minuted to his team for discreet investigation on June 27, 2016. So where did the false information to PW2 arise from June 22, 2016, when he could not have seen the Petition before June 27, 2016? " On whether the signature on the Deed of Assignment was forged as alleged by the EFCC, Justice Dada held: “The Deed of Assignment in exhibit P4 has been established by both parties before the court as having been signed by the Attorney General of Lagos State as endorsed on it for the Governor of Lagos State but by Dr. Muiz Banire, SAN, who was then the Commissioner for the Environment without stating his designation as such, neither was he ever Attorney-General of Lagos State. “…By tendering exhibit P11, the Prosecution is surmising that the Defendants should have known that the signature in the two documents was the same. This is a fallacy as it is not the duty of the Defendants to make such a ludicrous assumption and so the need for his Petition in Exhibit P4 wherein he stated inter alia thus, “...forgery of the signature of his excellency Prof. Yemi Osinbajo SAN... as the Attorney-General of Lagos State on a Deed of Assignment in favour of Saglons Beverages Ventures Ltd by its Managing Director Alhaji Olabanji Oreagha “for a thorough investigation and if culpable for Prosecution of Financial crime”. The operative words are, “for thorough investigation and IF culpable for prosecution.” How then can this be termed false information? This is aside the many frailties the disputed Deed of Assignment.” The judge also condemned what it described as suppression of fact by the EFCC in the matter and noted that the agency in its quest to make the ‘hunter, the hunted’, brought evidence that supported its mission, but suppressed facts in its possession that pointed out that there were indeed discrepancies in the contentious Deed of Assignment. She said: “The disputed Deed of Assignment attached to Exhibit P4 tells serious lies about itself and is therefore suspect and was rightfully referred to the EFCC for investigation. The said investigation however ran aground and turned round to hunt the hunter; the defendants. “It is frightening that while the prosecution was able to tender a reply of the Registrar of Titles signed by Ms. A.M Alli-Balogun dated December 23, 2016, in response to and attached to their letter dated December 15, 2016; exhibit P16 which said response seems to support the allegation against the defendants, the prosecution could not tender or acknowledge either the reply of the Directorate of Lands Services to their letter dated July 13, 2016 or the said letter. This is proof of suppression of fact and withholding evidence envisaged under section 169(d) 0f the Evidence Act, 2011. “It smacks of malice and obvious compromise on the part of the Prosecution, the very thing the Commission is set up to fight and which huge public funds are being expended. ….Just like DW3, Bamidele Ibraheem in exhibit D15 suggested that the EFCC should beam searchlight on the evidence of the transaction among parties, this court urges the Commission to beam its searchlight on the investigation of this case and in particular its letter to the Directorate of Lands Services and the reply thereto and why same were withheld from the court. “In conclusion, therefore, I hold that the information given by the defendants to the Public officer is not proved beyond reasonable doubt as required by law. ….Consequently, the case fails in its entirety against the defendants in the light of the facts and circumstances of this case.” |