₦airaland Forum

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.

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."

---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."

---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.

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."

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.

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.”

By Raymond Nkannebe


There is a sense in which the Nigerian situation now gives full expression to the Marxian Theory of Law even if unbeknownst to many of the stakeholders and the masses themselves. In Karl Marx’s seminal work- The Communist Manifesto and in the essay “On the Jewish Question” co-authored by his ideological brother – Fredrich Engels, Marx argued with force that the concept of law, state and human rights are influenced by the Bourgeoisie at the expense of the Proletariat.


In what is now popularly known in Marxist literature as the three basic assumptions of Marxist theory of law, the classical authors concluded that (i) law is the product of economic forces; (ii) law is considered to be the tool of the ruling class to maintain its power over the masses; and (iii) that law will wither away in the future communist society.



In a rather scary dimension, I think the above sums up the dynamic that exists in the Nigerian State as we know it today.


I have often argued in the past that our current justice architecture provides premium service to the political class while the masses are forced to make do with what remains.

At the turn of every election year, the Nigerian judiciary literally closes its doors to the masses in order to service the vaulting ambitions of Nigeria’s very unruly and ill-disciplined political class who file all manner of frivolous cases just to scheme their way into power. This unfortunate trend usually begins with thousands of pre-election cases and ends with hundreds of post-election cases which by constitutional injunction must be concluded within a limited window across the hierarchy of the judiciary.


While this happens, all other cases that border on the direct interest of the masses and the economic condition of the Nation, takes the back seat until these election cases are determined to finality. This has been the state of play at least in the last decade of this extant Fourth Republic.


As I write; from next week, the few available courts not participating in the bazaar that is election matters, would be proceeding on the six (6) weeks long annual vacation. When they return sometime in September, for the few diligent judges, but most realistically October, for the larger members of the Bench, few, if any of the pending cases in their dockets would make any traction before the year comes to an end. The following year, the cycle is repeated.



I believe I speak for many when I say that that we cannot continue to operate in this manner if indeed we want to continue as a civilized society. When the masses of our country perceive the judiciary to be a clearing-house for the vaulting interests of the political class, the public confidence in our system of adjudication is greatly eroded to our chagrin. What is the way forward?



Recently, the distinguished legal icon – Aare Afe Babalola made a case for retired judges and justices to be saddled with the mandate of handling election matters whilst the serving members of the Judiciary focus on other cases which bear substantially on the welfare of the common man. This prognosis has also been re-echoed by a former Chairman of the NBA Section of Public Interest and Development Law (SPIDEL) – Mr. Monday Onyekachi Ubani at a recent media engagement. I want to respectfully associate myself with the above apt proposal of the legal luminaries. It is indeed the way to go.


I reckon that this would not be possible without legislative support. And this is where the work of the Nigerian Bar Association (NBA) and of course other stakeholders in the judicial sector – particularly the Senate Committee on Judiciary is clearly cut out. They must work together to turn this proposal into a legislative instrument for immediate presentation on the floor of the National Assembly so that hopefully before the next round of elections, the current system will not repeat itself.



I think the point must be made that 'justice' is a veritable social-need of man. A learned author described it as the ‘first condition of our humanity’. I cannot agree less. What this means in the context of this intervention is that it must not be treated lightly. When the foundation of the justice system crumbles and finds it unable to service the masses, the gates of anarchy are left wide open and we may just find ourselves in that imaginary society of Mark and Engels where the law withers away.


It is said that the best time to plant a tree was 20 years ago. The second-best time is now.

A Legal Practitioner, Raymond is of Ken Ahia SAN & Associates.

Findings have revealed plans by the management of University of Uyo, UNIUYO to eliminate the employment records of a star witness, Daniel Akpan at the ongoing Akwa-Ibom State Governorship Election Tribunal sitting in Uyo.

Akpan, an administrative officer of the University had during his testimony at the tribunal stated that Governor Umo Eno’s West African Examination Council, WAEC certificates for 1981, 1983 and 1998, as well as the Remita Retrieval Reference (RRR) receipt for the payment of the certification and other documents invalidating Eno's university credentials were certified by him.

Young Progressives Party, YPP, Governorship candidate, Senator Albert Bassey Akpan is challenging Governor Eno's victory at the poll on several grounds including that he (Eno) never graduated from University of Uyo as stated in his credential on INEC form.

To prove his case, Senator Akpan obtained a certified true copy of Eno's files in UNIUYO which was endorsed by Danie Akpan.

But before Daniel Akpan's testimony at the tribunal, the university's Director of Academic Affairs, Dr Ime Akpabio had told the panel members that he (Daniel Akpan) was not a staff of the university and could not have endorsed the CTC of Governor Eno's controversial school records which indicated that the governor was expelled from UNIUYO

Daniel Akpan however shocked the tribunal when he presented his employment letter, salary payment and promotion slip to show that he is indeed a staff of the university .

Immediately after his testimony, there were failed attempts by security personnel reportedly acting under the instruction of the state government to arrest the witness and coarse him to recant his testimony.

Daniel now lives in fear of his life but since his testimony, there has been an uneasy calm in the university over the damage that his revelation would cost Governor Eno and the university management.

This platform reliably gathered that UNIUYO management is now doing everything possible to eliminate Daniel Akpan's records in the university.

Although the plot might just be a futile effort as the IPPIS which contains Daniel Akpan employment records is a national platform, a reliable source close to the university authority told this platform that the university is working on a new plot to cover its track.

The source said: "Just like they made sure Mr Umo Eno’s file in the school records is no where to be found, they are now planning to mutilate, pilfer and remove parts if not all the records in Mr Daniel Akpan’s employment file to eliminate proof that he is an employee of the University.

"This scheme by UNIUYO to protect a criminal act they should show high disciplinary standard against and an unwarranted move to deprive a staff of all employee evidence in a bid to seal their support contract with Umo Eno has yet reduce the competency and disciplinary standard of not only the VC, but the entire staff involved in the scheme.

"This University has been known for discipline and one man's greed should not ruin that standard,"

Expressing concern over the plot, another staff of the institution who did not want his name revealed said: "Mr Daniel's employment file and documents should be complete, intact and untouched as this will further expose the institution to the limelight for indiscipline and setting standards for criminality."

Yes he is back from UK. IF YOU DEY VEX, GO TO COURT

--- Battle moves to S'Court

Contrary to false narratives that the Appeal Court sitting in Calabar, Cross River State on Friday ordered the rearrest of the Young Progressive Party, YPP, Governorship candidate in Akwa-Ibom state, Senator Bassey Albert, a certified true copy of the court judgment made available to this platform revealed that the court didn't make such an order.

Delivering judgment on the matter, a three man panel, led by Justice Raphael Agbo instead softened the punishment imposed on Senator Albert by giving him an option of a fine as an alternative penalty to the seven years of jail time imposed on him by the trial court.

Further softening the sentence imposed by the Federal High Court, the appellate court also ordered the Senator to make restitution of the sum of N240million to the Federal Government but that the restitution shall not be a prerequisite for his release from the correctional facility.

A copy of the judgment reads "Upon reading the record of Appeal herein transmitted on December 29, 2022, and briefs of argument filed and exchanged by both parties.

"And after hearing . E. Iheanacho Esq.;(Asst. Commander, EFCC) for the Respondent. Appellant being absent and unrepresented.

"It is hereby ordered : That pursuant to the power of this court under section 15 of the Court of Appeal Act, 2014 as amended, the plea of the appellant is hereby acceded.

"That the appellant is hereby sentenced to 7 years imprisonment on all counts of charge, with an option of fine to wit, one Million Naira fine on each of the counts of the charge.

"That the condemnation of the appellant to the restitution of 204million Naira or to remain in prison custody by the trial court maintained as issue six is resolved in favour of the appellant.

'That consequently, the appeal succeeds only to the extent that his conviction stands, to serve the term of seven years with respect to each count of the charge with the terms of the sentence running at the same time, or to pay a fine of One million each on all the counts of the charge. -

'That this appeal succeeds in part."

This medium reliably gathered that Senator Albert's legal team immediately proceeded to the Supreme Court after the Appeal Court judgement.

By Admin

A 40- year old Abuja-based sex therapist Cecilia Agu was on Tuesday arraigned by the police before a Federal High Court sitting in Lagos over an alleged N275m internet scam.

The defendant is facing a five-count charge bordering on conspiracy, forgery, fraud, and obtaining by false ptetence.

The police prosecutor Samuel Eredia told the court that the defendant and others at large committed the offence on February 20, 2023.

He said that the incident took place at No. 28B, Babatunde Anjouse, Admiralty Way Lekki Phase 1, Lagos State.

Eredia said that Agu defrauded one Babatunde Oyebode of the sum of N275m, by sending an electronic message and misrepresenting herself that she will help him to verify, validate and authenticate his Instagram page with Celebrities and other of his clients, which she did not do.

According to the prosecutor the offence committed contravened Sections 27 (a) and (b),13 and 14 (1), (2) and (3) of the Cybercrime (Prohibition Prevention) Acts, 2015, and Sections 1(a) (b) (2) and section 11 (1) and (2) of the Advance Fee Fraud and Other Fraud Related Offences Acts 2006.

However, the defendant pleaded not guilty to the charge against her.

Following her plea of not guilty the prosecutor urged the court to remand the defendant in Correctional Centre.

But the defendant's counsel, Elvis Asia told the court that he would be praying the court for bail.

He said he was not aware that the defendant was going to be arraigned today (yesterday), as he only got the information on Tuesday morning.

Asia stated that the defendant had been in detention for over a month and Justice Abimbola Awogboro had earlier ordered her release following a fundamental human rights application filed before the court.

He said, " She was arrested on May 5, and after Justice Awogboro granted her bail, they have refused to release her, she is a mother of four".

Consequently, Justice Daniel Osiagor granted the defendant bail in the sum of N10m, with two sureties in like sum.

He said one of the sureties must be gainfully employed and produced an Identity card, National identification number.

The judge also ordered the defendant to deposit her international passport before the court and three recent passport photographs.

He held that the other surety must have a landed property produced an Identity card, National identification number.

The judge consequently remanded the defendant in the Correctional Centre pending when she is able to perfect her bail conditions.

The case was adjourned till October 18, for trial.

Facts You Need To Know

By Admin

Senator Bassey Akpan representing Akwa Ibom North-East District was convicted on Thursday by a Federal High Court sitting in Uyo over allegation of corruption and money laundering charge by the Economic and Financial Crimes Commission, EFCC.

Why many were shocked by the verdict of the court, the case was clearly between Akwa Ibom State Government and the Senator popularly known as OBA. Evidences abound, with the following facts:

1. A case was about donation of cars after OBA had left office as Commissioner for finance. Not while he was serving. How that was traced to abuse of office is still a shocking surprise.

2. A case of money laundering where the contractor in question was not invited nor questioned as the primary party to the case, just as it played out during the forgery case involving the controversial PDP governorship candidate during which cross - examination of witnessing was not exhausted.

3. This is a case where the state government did not complain of its money being stolen or a project not implemented nor delivered.

4. This is a case where the state government was not investigated, interrogated in any form and at any step of the investigation or trial.


5. The day slated for delivery of 'judgement', November 23, 2022 was skipped since the judge, Agatha Okeke allegedly had plans with the state government to provide heavy security.

6. At no point did the prosecutor/prosecution counsel prove that this was a case of bribery , point at a contract or project of the government that would have attracted any bribe from the contractor, let alone being a contract facilitated by OBA who wasn't even a Commissioner as at the time. It was clearly a case put forward by the opposition to coerce OBA to bury his support for Udom's second term bid in 2018.


7. The judgement of the court was already known by the SAs, PAs and other aides of Governor Udom Emmanuel even before it was read. The correctional facility in which OBA was to be remanded was already in the social media, by some of the governor's aides.

8. The white bus used by the EFCC to the court belongs to the state government of Akwa Ibom State, and was driven by a government house driver.

9. A camera man from the office of the deputy governor was sent to take pictures of OBA during his entry and exit from the courtroom and while being checked into the correctional facility for social media blackmail.

10 Other evidences showing that Government of the state hijacked and sponsored the matter abound.

11. Federal High Court is a lower court to Appeal Court, as we shall appeal as soon as possible.

12. That doesn't affect OBA's candidacy at the polls next year. Former Abia state Governor won election while in incarceration, before his case was upturned by the Court of Appeal.

13. This fight is between Government and the ordinary man who is asking for transparency, accountability from government. It is a fight between the government and the unemployed youths, the retired primary school teachers, etc. The same Federal High Court saw nothing wrong on an ordinary paper a certain candidate presented calling it a certificate despite conspicuous errors and public outcry that it was forged!

14. Don't allow your faith to be shaken. Be steadfast with your support, OBA is coming.

If only they knew that the false conviction of a man of his people will make the journey to takeover Akwa Ibom easier, they would not have attempted it. So OBA joins the greats that came from the jail house to lead his people why they say history will always repeat itself.

[b][/b]
By Henry Ojelu

The 2022 edition of Alliance Law Firm annual lecture with the theme 'Developing Nigeria Through Philanthropy', will hold on Saturday October 8 in Lagos.

A statement by the law firm noted that the event will be chaired by the Chairman of Julius Berger Plc and former Country Chair & MD, SPDC, Mr Mutui Sunmonu, while the Speaker is Dr. Ernest Azudialu-Obiejesi, the Chairman & GMD Nestoil Group, Neconde Energy Limited, and Obijackson Foundation.

Several top dignitaries and policy makers including Captains of Industry, heads of parastatals, senior lawyers and other stakeholders are expected at the event.
Alliance Law Firm’s Annual Lecture Series is a corporate Social Responsibility programme of the Firm designed to share knowledge on topical issues that align with nation building, in a conducive and networking gathering of business leaders, policy makers, professionals and other stakeholders.

The maiden edition held at the Radisson Blu Hotel in Victoria Island in September 2018, was chaired by Prof. Pat Utomi, with Mr. Dotun Suleiman as lead speaker supported by other eminent panelists including Mr. Austin Avuru and Mr. Oscar Onyema.

The theme was on “Corporate Governance.” The 2019 edition themed “Leveraging Technology to Develop Nigeria” was chaired by Dr. Ernest Ndukwe, and had Sir. Leo Stan Ekeh as Guest Speaker, with Dr. Andrew Nervin, Mr. Patrick Akinwuntan, Mr. Mike Ogbalu III, and Ms. Lynda Ikeji as panelists.

Owing to the Covid-19 pandemic disruptions, the Firm could not hold the events in the years 2020 and 2021 and instead organised international webinars on Virtual Legal Proceedings and Taxation.

This 2022 edition is unique in the sense that it coincides with the Firm’s 20th Anniversary and other celebrations.

*Train enforcement agents, social, welfare workers, activists


By Henry Ojelu

The Attorney General Alliance, Africa (AGA-Africa) in a collaborative effort with the National Drug Law Enforcement Agency (NDLEA) and the Roost Foundation organized a two-day workshop for the training of critical stakeholders tackling the menace of human trafficking, irregular migration, drug abuse, sexual and gender based violence in the country.


According to AGA-Africa, “human trafficking is a $150 billion per year industry, with $99 billion from sexual exploitation”, hence the need for a collective effort in fighting the scourge.


AGA-Africa Country Coordinator for Nigeria, Ebelechukwu Enedah, in a welcome, lamented that attention was yet to be given to the fact that there is a strong interlink between human trafficking and drug trafficking, adding that, “the idea that human being can be exploited and use over and over for profit is the greatest humanitarian crisis of our time”.

Enedah, noted that apart from equipping stakeholders with necessary knowledge and skills to combat the twin monster of human and drug trafficking / abuse, the workshop will shine the spotlight on the problem in Abuja, especially, the Mpape community in order to minimize the abuse of drugs amongst children, youths and adults in Nigeria.

Also speaking, Chairman, Board of Trustees, United Nations Voluntary Trust Fund for Victims of Trafficking in Persons (UNVTF), Dame Julie Okah-Donli, disclosed that apart from the victims who are already addicted to drug abuse, human traffickers use drugs as a “bait” to lure people.


“They capitalize on substance abuse disorder to promise their victims free and constant supply of illegal drugs in exchange for sexual and labour exploitation”, she added.


Okah-Donli stressed that after passing through primary, secondary and sometimes tertiary victimization phases, victims of drug trafficking and abuse deserve a level of care and special treatment to support them in their recuperation process.

“At this stage, the survivors come in contact with caregivers and caregiving institutions. It is for this reason that training and retraining is quite imperative for relevant stakeholders”, she added.

A Non for Profit Organisation, Centre for Transparency and Defence of Human Rights, has dragged the Federal Government before a Federal High Court in Lagos over alleged irregularities in the bid process for the concession of Murtala Muhammed International Airport, Lagos, MMIA.

In a writ of summon filed before the court by it's lawyer, Mr. Samuel Agweh, SAN, the NGO is asking the court to compel the Federal Government through the Ministry of Aviation to disqualify two of the companies participating in the Lagos Airport concession bid process,  TAV Airport Holding Company and GMR Airport Limited for dishonesty and misrepresentation.

Listed as co defendants along with the Federal Government in the suit are the Attorney-General of the Federation, Federal Ministry of Aviation, NAHCO Aviance Plc, Director-General, Infrastructure Concession Regulatory Commission, TAV Airport Holding Company and GMR Airport Ltd.

The plaintiff averred
that Tav Airport Holding Company and GMR Airport Ltd which submitted separate bids for MMIA and were shortlisted for the next phase of the concession are owned by same company, Airport De Paris, ADP.

According to the plaintiff, the status of the two companies is contrary to the Request For Qualification, RFQ, guidelines set out by the Ministry of Aviation which stipulates that companies owned by same entity cannot submit separate bids for the concession.

The NGO further averred that the actions of the two companies is a demonstration of dishonesty, lack of integrity and deliberate attempt to deceive and hoodwink the contracting authority and hand over the nation's gateway airport to "persons of questionable character who lacks integrity and repute".

The reliefs sought by the NGO include, "A declaration that the submission of separate bids by TAV Airport Holding (6th defendant) and GMR Airport Ltd (7th defendant) with the impression that they are separate entities amount to a material misrepresentation, and a breach of Section 2.2 subsection 2.2.1 of the Request For Qualification (RFQ) for the Concession of Murtala Muhammed International Airport.

"A declaration that the submission of separate bids by the 6th and 7th Defendants is not only wrongful but amount to act of dishonesty, deceit and lawlessness.

'An order directing the 3rd Defendant ( Ministry of Aviation) to immediately disqualify the 6th Defendant led consortium and the 7th Defendant’s submission as well as ADP as a standalone party from participation in the tender or joining any group in future after Pre-Qualifications results are announced.

The Executive Director of the NGO, Kunle Edun in a sworn witness statement attached to the suit claimed that a search on the internet revealed that ADP owns 46% of GMR and 49% TAV.

He maintained that by bidding separately for the same contract, the two defendants went against the Standard Ethics required by Applicants for the bidding as provided in section 3 subsection 3.1 of the Request For Proposal, RFP, guidelines.

Edun pointed that the attention of the Attorney-General of the Federation was drawn to the misrepresentation by the two companies via a letter dates June 15, 2022 but that the AGF refused to disqualify the 6th Defendant led Consortium for breaching the eligibility criteria, verification and disqualification guideline, as well as for act of dishonesty and deceit, but rather decided to disqualify only the 7th Defendant from the bid and retain the 6th Defendant led consortium. 

He insisted that the action of the AGF was wrong and amount to condoning lawlessness, corruption, illegality, dishonesty, impunity, and deceit, and is unacceptable.

Former Inspector-General of Police, Alhaji Musiliu Smith and Current Chairman Nigeria Police Service Commission, Chairman of Caverton Offshore Support Group, Aderemi Makanjuola, former Solicitor-General of Lagos State, Mr. Lawal Pedro, SAN, Senator Musiliu Obanikoro, Justice Ishola Olorunnimbe (rtd) OON
are among several dignitaries that will grace the launch of Alhaji Jimoh Adisa Gbadamosi symposium (JAGAS) endowment fund in Lagos on August 18, 2022 at EKo FM Multi purpose Hall

The fund raising event was conceived by the Old Students Association of Ahmadiyya College Agege, ACAOSA (now Anwar Ul Islam Model College Agege) under the leadership of Lawal Pedro, SAN, to cater for the bi-annual symposium and other activities in honour of Alhaji J.A Gbadamosi, OON a former principal of the school who turned 95 years

While Alhaji Smith is the chairman of the event, Mr. Makanjuola is the Chief Launcher of the Endowment Fund.
Other dignitaries and prominent old students of the school expected at the event includes, former Lagos State Deputy Governor, Otunba Femi Pedro, Former Minister of Transport, General Tajudeen Olarewaju (rtd),
former Minister of Communication , Dapo Sarumi, Senator Kola Bajomo, former Lagos APC Chairman,  Hon Tunde Balogun, DIG Johnson Kokumo Mni, former Commissioner for Local Government and Community Affairs,  Dr. Wale Ahmed, and Hakeem Ogunniran the Chairman LBIC

The Guest Speaker of the symposium former Dean, Faculty of Education, University of Lagos, Prof Murtala Bidmus is s expected to speak on the topic, 'The role of education in Nation building,' while Dr. Mayowa Fasona of the department of Geography, UNILAG will speak on the topic; 'Climate Change: Educating tomorrow's leaders for a better environment of the future.'

Discussants of the key topics includes Prof Bidemi Lafiaji-Okunneye the Acting Vice- Chancellor, Lagos State University of Education, Prof Wahab Elias the Deputy Vice-Chancellor, Academics, Lagos State University, ; Prof K. Adekoya of University of Lagos and Ven. Dr. Ola Ogunjobi the Provost, African Church College of Education.

The Chairman of the organising committee, is Mr. Jamiu Ashimi a former Permanent Secretary in Lagos State.

Chairman of Nigerian Bar Association Section on Public Interest and Developmental Law, NBA-SPIDEL, Dr. Monday Onyekachi Ubani is a year older today (July 27) and the Human Rights lawyer fondly called MOU by friends and well-wishers is using the occasion to celebrate God fatefulness.

Reflecting on his life on earth, Ubani said he is particularly grateful to God who has stood by him throughout the high and low moments of his life.



He said: “July 27 every year is always an opportunity for me to reflect on how God has stood by me throughout my low and high moments. This year is not an exception. God has been my pillar and without him, I am nobody. What you see in my today and describe as success could not have been possible without God’s mercy and fatefulness.



“Besides God, my family has also been very supportive. The love of my wife and children is unquantifiable and has spurred me to be the success story I am today. Nigerians have also been kind to me and I appreciate every one of them. I celebrate everyone who has been a part of my life.”



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.



Not only has he excelled in law practice, Ubani has become an unrepentant philanthropist and an advocate of human and peoples' rights in Nigeria and beyond. Just recently, Ubani won the hearts of Nigerians when he dragged the Federal Government to court over mandatory Covid-19 vaccine and twitter ban.



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 session 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. Recently she was given a house and several gifts by the Vice President of the country His Excellency, Prof Yemi Osinbajo SAN.



Dr. Ubani through his law firm has rendred pro bono services and has also helped many aggrieved Nigerians to get justice.



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.



Ubani is married to Lady Faurstina and is blessed with four lovely children, one of whom is already following his step as a vibrant legal practitioner. His second son is an Engineer graduate of the prestigious Covenant University.

Eight statutory delegates of the Peoples Democratic Party, PDP in Delta state has asked a Federal High Court in Asaba, Delta state to nullify the Ndokwa/Ukwuani Federal Constituency Primaries held on May 22, 2022 for not complying with the electoral act 2022 and other extant laws guiding the conduct of party primaries.

The delegates, Agbanashi Chinedu Basil, Asaba Chukwuma, Chuks Udeme, Helen Obi Opute, Sunday Achudume, Ikechukwu Egenege, Ikechukwu Accra and Mchenry Abadoni who filed the suit on behalf of themselves and other disenfranchised statutory delegates claimed that the primaries which held in Utagba-Uno and produced Hon Nnamdi Ezechi as the flag bearer of PDP for the Federal Constituency, was marred with irregularities.

Listed as respondents in the suit are; Nnamdi Ezechi, Ossai Nicholas Ossai, Kenny Okolugbo, Edike Kaine, Alphonsus Ojo, Ugo Nwokolo, PDP and the Independent National Electoral Commission, INEC.

The plaintiffs through their lawyer, Mr. Evans Ufeli claimed that the conduct of the Ndokwa/Ukwuani Federal Constituency election by the PDP was in breach and non-compliance with the Electoral Act, 2022 (as amended), the 1999 Constitution of the Federal Republic of Nigeria and the Constitution of PDP which substantially affected the outcome of the election.

They particularly claimed that the election was conducted without the required quorum of the democratically elected statutory ad hoc delegates as they were prevented from exercising their right to vote for the candidates of their choice during the election.

 According to the plaintiffs, out of the 302 delegates cleared to vote for the primaries, 209 were excluded while only 96 delegates eventually voted in the election.

They further averred that the disenfranchised statutory delegates are 50 per local Government out of the three Local Government Areas that made up Ndokwa/Ukwuani Federal Constituency, and 150 for the Federal Constituency, 18 Local Government Executive and 54 for the Federal Constituency amongst other key parties officials in the constituency.

Providing more proof of irregularities, the plaintiffs claimed that on the election day, voters were wrongfully instructed to tick the names of their preferred candidates as a form of voting when they ought to have thumb printed thereby exposing the process and voters to gross compromise of the integrity of the election.

Their prayers before the court, are; “A declaration that the 7thRespondent (PDP) primary Election for the Ndokwa/Ukwani Federal constituency held on May 22, 2022 at Utagba Uno,  Ndokwa West Local Government Area of Delta State is null and void and of no effect whatsoever, having not complied with the provisions of  the Electoral Act 2022, the 1999 constitution as amended and the PDP Constitution.

“A order directing PDP to organize a fresh Election for the Ndokwa/Ukwani Federal Constituency in line with the provisions of the Electoral Act, the 1999 Constitution and the Peoples Democratic Party’s Constitution within 72 hours after the delivery of the judgment in this suit. 

 “The sum of N50, 000,000.00 (Fifty Million Naira) against the 7th Respondent being the cost of this action.”

The matter has been slated for July 13, 2022 for hearing.

A team of lawyers led by Mr A.M Makinde, SAN for Dr. Charles Mekwunye, SAN, has filed a motion before a Federal High Court in Lagos seeking an order nullifying the Central Bank of Nigeria, CBN, approval of the acquisition of Union Bank by Titan Trust Bank.

Dr Mekwunye had earlier  dragged Union Global Partners Ltd (1st defendant) and Atlas Mara Limited (2nd defendant ) to the court over the sales of their majority shares in Union Bank (4th defendant)  to Titan Trust Bank (3rd defendant).

In the suit, Dr. Mekwunye, who is also a shareholder in Union Bank had contended that the sales of Union Bank to Titan Trust Bank by Union Global Partners and Atlas Mara Ltd did not follow extant laws of Nigeria regulating such transaction.

He also contended that Titan Trust Bank which was granted banking license two years ago with two branches has not broken even and does not have the financial capacity to acquire Union Bank.

According to court processes filed for Dr. Mekwunye, the sales of the combined shares of Union Global Partners and Atlas Mara Ltd, in Union Bank was done by private treaty instead of being traded on the floor of the Nigerian Stock Exchange as require by law thereby making the transaction invalid and unlawful.

The CBN was joined in the suit number FHC/L/CS/674/2022 as co-defendant and also serviced with the court processes and interluctory injunction seeking stay of all actions on the transaction pending the determination of the suit.

But while the suit was still pending before the court, the CBN last month announced the official approval of Union Bank sales to Titan Trust Bank.

In a motion filed late last month, Dr Mekwunye is now seeking a declaration by the court that the CBN's approval of the transaction is in  flagrant disrespect to the authority, sanctity, dignity and powers of the Court and therefore unlawful, unconstitutional, null and void.

Dr Mekwunye's motion was brought pursuant to Order 35 Rules 1 & 2 of the Federal High Court Civil Procedure Rules 2019 and section  36 (1) of the Constitution of the Federal Republic of Nigeria, 1999.

Other reliefs which Dr Mekwunye, SAN, is asking the court to grant includes "an order of Mandatory Injunction for a return to status quo by setting aside the approval of the Sale and Transfer of shares of the 4th Defendant by the 1st  and 2nd  Defendant to the 3rd  Defendant by the 5th Defendant having been unlawfully approved in contempt of Court."

"An order of Mandatory Injunction nullifying all steps and/or measures taken by the defendants to consummate the transaction of transfer and sale and/or acquisition of shares of Union Bank by the 3rd  Defendant in flagrant disrespect to the Court.

'An Order of Mandatory Injunction returning the parties to the status quo as at the first date CBN  appeared in court through its Counsel in response to the Originating Summons of May 24, 2022.

"An order that the CBN is in contempt of Court for approving the unlawful transaction resulting in the 3rd Defendant's acquisition of the 4th Defendant/Respondent as evidenced by the 4th Defendant’s circular of June 2, 2022, inspite of the suit pending before the Court, including the Motion on Notice for Interlocutory injunction filed on May 11,/2022 which is pending before this Court."

"An order that the Defendants’ failure and/or refusal to maintain “status quo” in the pending suit before the Court undermines the powers and authority of the Court."

President Muhammadu Buhari along with many governors and notable persons in the country has condoled with the Chairman, Nigerian Bar Association Section on Public Interest and Development Law, SPIDEL, Dr Monday  Ubani over the death of his father Pa Egbedubi Nwokocha at 101 years.

Pa Nwokocha passed on  January 3, 2022 in Lagos and will be buried at his hometown Umuosoko, Awomukwu, Ikwuano Local Government Area, Abia State on April 22, 2022.

Some governors and prominent persons that have also sent their condolence messages to Dr Ubani include Governors Okezie Ikpeazu of Abia State, Governor Babajide Sanwo-Olu of Lagos State, Governor Aminu Tanbuwal of Sokoto State, Governor Rotimi Akeredolu of Ondo State, Orji Uzor Kalu, former Governor of Abia State and the current Chief Whip of the Senate, Minister of Niger Delta, former Governor and former Senate Minority Leader, Godswill Akpabio.

Others are  Minister of State for Mines and Steel, Dr. Uche Ogah, Senator Ike Ekweremadu, Senator Eyinnaya Abaribe, Senator Nkechi Nwaogu, Hon Sam Onuigbo, NBA President, Olumide Akpata, President of African Bar Association Mr Hannibal Uwaifor, Chief Judges of Abia and Lagos States, some Justices of the Supreme Court of Nigeria, former Presidents  of the Nigerian Bar Association and former Group Managing Director, Diamond Bank, Alex Oti amongst many others.


In a condolence letter dated April 11, 2022 and signed by Femi Adesina, Special Adviser to the President on Media and Publicity, Buhari was quoted as giving glory to God for the gift of longevity, which saw Pa Nwokocha live up to 101 years.

The President was also quoted to have saluted the fact that Pa Nwokocha left his footprints on the sands of time, gaining reputation as a man of peace, a philanthropist, dutiful father, public spirited individual, and a man of integrity.

Condoling with Dr Ubani, the only son of the deceased, and the many grandchildren and great grandchildren left by the departed, President Buhari urged them to keep the flag of the good works hoisted by their patriarch flying, knowing that in that wise, Papa Nwokocha would live forever in the hearts and minds of all who knew him.

The President also urged the family to give the departed befitting rites of passage, as the soul of Egoro Oti marches on.

---As court adjourns suit against FHA


Members of the Nigeria Automobile Technicians Association, NATA, Amuwo Odofin Chapter on Wednesday protested in Ikeja, Lagos over alleged illegal arrest, detention and intimidation of their members by the Police.

The artisans staged the protest at the Police Command Ikeja after an Ikeja High Court adjourned the suit they filed against the Federal Housing Authority, FHA in respect of the buffer zone area in Festac town which another Lagos High Court had delivered a consent judgment in their favour.

Led by the Amuwo Odofin NATA chairman,  Comrade Oluwafemi Olanipekun and  human rights activist, Comrade Olusegun Adeeko, the artisans carrying various placard marched from the premises of the Ikeja High Court to the Police Command where they formally handed over a petition to the Police authority.

Lagos Police Spokesperson, CSP Adekunle Ajisebutu who addressed the artisans, assured them that their petition will be attended to and later invited their leaders for a closed-door meeting.

At the court proceeding before the protest, Justice Ogunsanya, counsel to the artisans, G. E. Ojiekhubu had informed the court that properties belonging to his clients were being demolished by agents of FHA and sought for an order restraining such further actions.

Counsel to FHA, Muiz Banire, SAN, however denied the claim stating that no such action is being undertaking by agents of his client.

Justice Ogunsanya in a short ruling insisted that there was no evidence of the alleged illegal demolition of the properties of the artisans before the court to warrant any restraining order being sought.

The judge however adjourned the suit to April 11, 2022 to allow parties in the suit to regularize their processes.

A Lagos High Court sitting in Ikeja has order the Oshodi/ Isolo Local Government Area to pay N1.2million as damaged to a lawyer Iwowo Anthony for the illegal impounding of his car by officials of the local government over an alleged traffic offence.

Iwowo had dragged the LGA before the court for impounding his vehicle over an alleged traffic offence.

Delivering judgment in the suit, Justice D.T Olatokun  ruled that Oshodi-Isolo L.G.A, it's chairman and  officials lack the constitutional power to impound vehicles and to inflict traffic related penalties on road users, motorists and owners. 

The court also declared that the detention of the claimant's vehicle from April 9, 2021 to April 12, 2021 by the officials of the local government constitutes a grave violation of his fundamental rights to freedom of movement, right to fair hearing, right to own property and compulsory acquisition of property.

The court further ruled that the arrest, impounding, harassing, threatening, continuous detention and extorting money from road users/motorists/owners by the respondents is ultra vires their powers outlined under the 1999 Constitution of the Federal Republic of Nigeria and therefore illegal.

The Court therefore awarded exemplary damages of N1Million against the L.G.A and it's chairman for the wanton and grave violation of his rights

The Court further ordered the local government to refund the N25,000 the claimant paid as fine.

Ecobank Nigeria has lost appeals in three different courts seeking to stop Dr. Charles Mekwunye, SAN, from representing the estate of former Chief Justice of Nigeria, Justice Taslim Elias in a sublease dispute between the bank and the late jurist's family.

Three children of the late Jurist, Mrs. Ganiyat Elias, Olusoji Elias and Dr Gbolahan Elias, SAN, including the estate company representing the family interest, Olawale Momolesho have been engaged in a protracted legal battle with the bank over a sublease dispute on their late father's estate.

One of the cases instituted by the family estate company in 2014 is before Justice I.O Harrison of the Lagos High Court, while another counter-suit filed by Ecobank against the late jurist's children is before Justice R.O. Olukolu also of the Lagos High Court. One of the matters which was initially decided by the Federal High Court, is now before the Court of Appeal, Lagos.

In all three matters, the bank lost its preliminary objections seeking to stop Dr. Mekwunye from representing the family on the ground that he was a former Executive Director of Oceanic Bank now Ecobank.

In the matter before the Court of Appeal, Lagos, the bank in its preliminary objection to substantive appeal, argued that having worked as Executive Director in Oceanic Bank and as such being privy to confidential information, the Rules of Professional Conduct for Legal Practitioners, 2007, prohibits Mekwunye, his law firm and any lawyer working for him from representing the late Elias estate.

However, in their counter argument, the children of the late CJN stated that Mekwunye in his capacity as an Executive Director in Oceanic Bank, presided over corporate banking and was never privy to confidential information regarding the subject matter before the appellate court.

In a lead judgment delivered in April by Justice Abubakar Umar, the court however upheld the argument of the respondent insisting that Ecobank has not shown any fact to convince the court that Mekwunye while working for Oceanic Bank was privy to vital information relating to the property sublease in dispute.

He held: “The Appellant has by its counter affidavit shown that as one of Directors of Oceanic Bank, Dr. Mekwunye was not directly involved with the activities of the legal department which was in fact headed by someone else entirely; and by extension Dr. Mekwunye did not participate in the transaction which has culminated into this appeal."

"I hold the view that the Applicant had the onus of controverting these facts as deposed to by the Appellant and supplying the court with relevant Information directly linking the participation of Dr. Mekwunye in the lease agreement between the Appellants and Oceanic Bank (now acquired by the Applicant). The Applicant failed to do this."

"It will indeed be stretching the law beyond its intended Interpretation if Dr. Mekwunye is restrained from representing the Appellant simply because he was an employee of Oceanic Bank/the Applicant at the time the lease agreement subject matter of this appeal was executed. This is so because it is wrong to suggest that counsel may not appear against someone whom he appeared for in a matter having no semblance to the present case.”

"The Appellant has not showed that Dr. Mekwunye was in breach of Rule 17(4) of the RFC to Invoke the order of court prohibiting Dr. Charles Mekwunye and any counsel in his Iaw firm from further legal representation on behalf of the Appellants/Respondents in this Appeal.”

Two other judges on the panel, Justice Onyekachi Otisi and Justice Abdulahi Bayero also agreed with the lead judgment.

Justice Otisi held: “Indeed to my mind, the contentions of the Respondent/Applicant appear speculative and totally without substance. Aside from the delay in the hearing and determination of this appeal, nothing has been achieved by this objection.”

In the matter before Justice Olukolu of the Lagos High Court, the court in a bench ruling on June 17, 2021, struck out similar application seeking the stop Mekwunye from representing the children of late Elias.

The decision of the court followed Ecobank's counsel refusal to proceed with the hearing despite being given the opportunity to do so by the court.

In a July 14, 2021 ruling on a similar application in the suit filed by Olawale Momolesho, the High Court also held that Ecobank's objection to Mekwunye appearing for the family lacks merit.

“The application has failed to prove the close connection of Dr. Mekwunye's employment as Executive Director of Oceanic Bank and services he is rendering to the claimant," Justice Harrison held