Legal
Crisis : court orders parties to igweship tussle in Anambra to maintain status quo
By Cyprian Ebele, Onitsha
An Oba High court, Idemili South Local Government Area, Anambra State, presided over by Justice N.L. Onyeka, sitting as vacation judge at Awka High court 3, Wednesday, ordered parties to the Igwe Ezeokpoko 11 suit, brought before her, to maintain status quo till 27th August 2024, when the substantive suit will be heard.
She gave the order after hearing submissions of parties in the suit No, HID/223/2024, and motion No. HO/802/2024, filed 25th June 2024, by the plaintiffs, (Nze Dozie Nweke, Samuel Mogbo and Mr. Sunday Okonkwo), through their counsels, Orlando SYZ and Sunny Yakubu Zeruwa.
The defendants include, Incorporated Trustees of Oba Patriotic Union, (OPU), Anthony Uzochukwu Ejiofor, Mr. Nwabueze Emebo, Austin Azubogu and Ndu Ikeokwu while their counsel is, Emeka Anyanwu.
In the suit, the plaintiffs sought for the following reliefs: an order of interlocutory injunction restraining the defendants, their agents, servants, privies, committees, or any other person or persons acting for them, or on their behalf, from further taking any step or steps acting for them or on their behalf, from further taking any step or steps or actions, henceforth in, or towards the election/ selection of any person as Igwe Ezeokpoko 11 of Oba, pending the determination of the substantive suit.
The plaintiffs also prayed the court for an order of interlocutory injunction restraining the defendants, their agents, privies, servants, committees or by whatever name called or Igwe Ezeokpoko 11 election/selection or committee of any person or persons acting for them or on their behalf from electing/selecting any person as Ezeokpoko 11, pending the determination of the substantive suit.
The court however, refused the prayers but rather ordered that parties should maintain status quo adding that granting the prayers of the plaintiffs means ruling on the matter and adjourned the case to 27th August 2024 for hearing on the substantive suit.
Reacting outside the court hall, counsel to the defendants, Anyanwu, said, “Court said we should wait, and that is what it should be, for the substantive application to be heard on the 27th of this August, and then to get a final ruling on whether the process that have been going through would be cancelled or not”.
Orlando and Zeruwa, counsels to the plaintiffs, told newsmen that, “We went for the ruling of the motion on notice, we filed, argued on the 12th of July, so the court in its wisdom, we prayed that the executives should be stopped from any action of selecting an Igwe, pending when the court finishes the main substantive suit we filed and this our prayer are exactly what we asked for in the main suit, stopping the executives on the steps they were taking and follow the constitutional provision.
“So the court in its wisdom said no, that instead of giving us, answering this prayer on notice means to grant the prayer, the relieved we sought for in the main suit, they said no, that since they are both the same prayers, they should go straight to the main suit, but rather summarizing our prayer, ordered that the action should be stopped, that no action should be taken on the election of Igwe again pending the determination of this suit.
Legal
NFF Director of Competition, Ruth drags Sports Editor, Agbo to appeal court over alleged defamation
….as Agbo cries for ₦11.345 million help to defend the case
By, Chinelo Kodilichukwu Enugu
The director of competition at the Nigeria Football Federation, NFF, Miss Ruth David has taken the Managing Editor of Nigeria’s foremost online Sports Newspaper, Best Choice Sports, Amaechi Agbo to Appeal Court over a defamation suit which she lost at the FCT high Court.
Recall that Ms David on June 25, 2024 lost her defamation suit against Mr Agbo at the FCT High Court sitting in Maitama, Abuja.
In the suit number CV/546/2019 filed on December 9, 2019, presiding Justice O. A Adeniyi held that the claimant failed to prove her case of defamation and therefore dismissed the suit for lack of merit.
Dissatisfied with the judgement and in an effort to intimidate the editor, the Director of Competition has appealed the ruling at the Appeal Court in Abuja.
…I am Being Persecuted, Intimidated; I need help – Mr Agbo Cries Out
Reacting to the development, the Managing Editor, Best Choice Sports said the appeal came to him as a shock considering that the matter was fairly adjudicated on by the originating court. He described the appeal as an act to intimidate, harass and persecute him for standing firm against maladministration in Nigeria football.
Mr Agbo who said that he needed a minimum of ₦11.345 million to defend the suit, added that he has been battling depression and psychological trauma and called on well-meaning Nigerians to come to his aid.
“I was shocked when I got a call sometime in August from a bailiff who told me she was from Appeal Court and that she has processes to serve on me. The address she told me was not the address of my office and potentially that was why she called. I directed her to my lawyer’s office.
“I was shocked to see that she is going on appeal because the originating court had dispensed justice fairly and justifiably. One interesting thing about this development is that she sacked her former lawyer and engaged the services of a Senior Advocate of Nigeria, SAN. If you are knowledgeable about Nigeria’s legal system you would know that to engage a SAN in a case costs a fortune and that is where I am worried if there are more to this case than I am aware of.
“I am outtightly being persecuted, victimised, intimidated and tortured. To make matters worse, I can’t afford the services of SAN. But as it stands, I need not less than ₦11.345 million to defend this case. For over a month now, I am suffering depression and psychological trauma because I do not know where and how I am going to raise the money for the defence of the case. I really need help. I need Nigerians to come to my aid. I have been practising journalism for over 15 years, the said story I published was a programme aired on Channels Television which I quoted succinctly. This case has been on since December 9, 2019. It has drained me financially. I really need help,” he said.
Mr Agbo lamented that his lawyers have threatened not to represent him at the appeal unless their outstanding and current legal fees are paid.
“That is my dilemma. I have not finished paying the legal fees at the High Court which is ₦1.5 million. Now this one has come up again, I do not know where to start from,” he concluded.
Legal
Seized Palliatives: Ugbor hires lawyers to sue Gov. Alia for defamation, seeks N10bn damages
From Attah Ede Makurdi.
The controversy trailing the truck of palliatives seized by Benue State Governor, Rev. Fr. Hyacinth Alia, on Thursday, took another dimension as member House of Representative for Kwande/Ushongo Federal Constituency, Rep. Terséer Ugbor, has engaged a team of lawyers to challenge the action of Governor Hyacinth Alia and the Benue State Government in court.
The legal team is expected to examine the accusations and consider taking appropriate action to safeguard the image of Hon. Ugbor in order to set the record straight in the court of law.
Ugbor who spoke with the Correspondent through a WhatsApp chat, said he is suing the Alia government for defamation of character and is requesting for N1bn as compensation, which he intends to use in building a housing estate for displaced people in Kwande.
While attending the United Nations General Assembly in the USA, Ugbor learned that the governor had confiscated and handed over a truck load of relief materials to anti graft agencies which he secured for his constituents from the National Emergency Management Agency, (NEMA) for investigation by operatives of EFCC and ICPC.
“While in the USA for the United Nations General Assembly at the invitation of the Presidency, I have learned that NEMA has approved additional palliatives for Kwande/Ushongo Federal Constituency in response to my requests for more assistance”.
A statement issued by the Chief Press Secretary to the Governor, Tersoo Kula says the “truck was caught offloading relief materials meant for IDPs of the Kwande/Ushongo federal constituency at a private residence in Makurdi”.
According to Tersoo Kula, “It was later discovered that the goods were released from a National Emergency Management Agency (NEMA) warehouse in Jos, and were supposed to be sponsored by the state government and lifted by the State Emergency Management Agency”.
The statement quotes Governor Alia, who ordered the impounding of the truck at Government House as expressing dissatisfaction with the findings and directed anti-graft agencies to carry out further investigation, even as he called on relevant officials to ensure that the materials were distributed to the rightful recipients.
However, in a swift reaction, Representative Terseer Ugbor disputes the accusations, claiming that the governor’s actions were unnecessary and politically motivated.
“I have decided to defend my reputation and ensure that the palliatives get to those in need. Despite the challenges, I encourage my constituents to stay strong and peaceful.
“In light of this development, I have instructed my legal team to examine the accusations and consider taking appropriate action to safeguard my reputation and set the record straight in court.
“My support for the transportation, storage, and distribution of palliatives to displaced individuals in Kwande is not a new endeavor, yet it has seemingly provoked the governor’s displeasure”.
“My duty is to help secure benefits for my constituents. In other states my efforts would have been acknowledged with gratitude
“The current climate crisis championed by Governor Hyacinth Alia in Benue State is”unusual “. The claim that SEMA was not informed was premature because the seizure of the palliatives occurred upon their arrival in the state before any unloading, raising suspicions of political motives behind the ordeal.
“Accusations that the palliatives were unloaded at a private residence are unfounded, as the truck was parked in front of a well-known warehouse in Makurdi, not in a clandestine location”, Ugbor explained.
He urged the people of Kwande /Ushongo to remain resilient and peaceful during these difficult times, remembering the words of Psalm 30:5: “Weeping may endure for a night, but joy comes in the morning.” he stressed.
Legal
Human Right Lawyer, Ukweni Calls for Withdrawal of soldiers from Cocoa Farms In C’River
From Ene Asuquo, CALABAR
Human right lawyer Chief Mba Ukweni (SAN), has asked the Chief of Army Staff (COAS) Lt. Gen. Taoreed Lagbaja, to withdraw soldiers of 245 Battalion,Afi Barracks,Ikom local Government Area of Cross River State from Government Cocoa plantations in Etung local Government Area of the state.
Chief Ukweni who is a Calabar based lawyer made the demand while reacting to what he described as “unlawful taking over of cocoa plantations by military personnel during a telephone conversation with our reporter recently in Calabar.
Ukweni stated that the call became necessary to avoid an outbreak of civil unrest that can put lives and property in the community in danger.
A letter from Mba Ukweni’s law firm Calabar, addressed to the COAS, Nigerian Army headquarters Abuja titled “Complaint of Unwarranted Arrest, Intimidation, Harassment and Abuse of Office by Soldiers of 245 Battalion,Afi Barracks, Ikom local government area of Cross River State, sighted our reporter in Calabar, urged army not to allow itself to be dragged into a civil matter which the court had given a restraining order.
“Soldiers cannot be residing permanently in the cocoa farms acquired by our clients after money had been paid into payment coffers of the state government only for my clients to be denied the opportunity to reap from their investment.
“We are not at war to warrant deployment of soldiers to the cocoa plantations. It’s a civil matter that the court had given an injunction restraining the state government from evicting my clients from their farms which they genuinely paid for” he said.
“Soldiers cannot abandon their very important responsibility of protecting the territorial integrity of the nation and be meddling in a civil matter which had been taken care of by the court, intimidating and beating my clients up in their cocoa farms. This isn’t correct sir.
Ukweni urged the army boss not to condescend so low in a civil matter that the state high court in Effraya, Etung local Government area had given a restraining order which barred the state government from evicting farmers of 1,415 hectares allocated to them by immediate past administration of former Gov. Ben Ayade.
When our Correspondent called Army Public Relations Officer PRO, 13 Brigade headquarters Nigeria Army Akim Barracks Càlabar, Capt. Jemila Jimoh, for reaction, the PRO who could not admit nor deny the allegations said, “I will get back to you,let me find out what is happening first, before I can say anything, Ikom is very far from the state capital Càlabar.
In his remarks,Chief Press Secretary CPS to Gov Otu, Mr. Nsa Gill said,I am going to find out and get back to you since I am yet to be furnished with adequate information. I will get back to you once I get the proper information.” Otu’s CPS said.
Legal
Kogi: NIESV congratulates Gov. Ododo over supreme court victory
By Mark Akudu, Kogi
The Nigerian Institution of Estate Surveyors and Valuers (NIESV), Kogi State Branch, has congratulated Alhaji Ahmed Usman Ododo on his victory at the supreme Court affirming him as the duly elected Governor of Kogi State.
In a statement signed by the Kogi State NIESV Acting Chairman, ESV Idris Yusuf Abbas and Publicity Secretary ESV Eniwaiye John on Saturday described the verdict of the apex court as a clear affirmation of Governor Ododo’s commitment to justice, fairness, and the democratic ideals that the nation holds dearly.
According to the statement “Your triumph is not just a victory for you, but for the entire people of Kogi State and the professionals in the built industry. Since you were elected as Governor of Kogi State, various sectors are now wearing a new look which is evidence of your good leadership roles as a visionary leader.
“The confidence that the professional bodies have placed in you is evident in the widespread support you have received throughout this legal journey. We are proud to stand with a leader who values professionalism in selection of senior civil servants into MDAs and offices, youth engagement in politics, and the development of our state”
The Statement added that Governor Ododo’s administration has shown a commendable dedication to the welfare of civil servants in the State, by prioritizing wealth of experience and creating opportunities for the career junior and senior civil servants to thrive in their respective fields.
“We have seen firsthand your efforts in promoting fairness, justice and unity, and this has not gone unnoticed by the Nigerian Institution of Estate Surveyors and Valuers Kogi State Branch.
“As you continue to lead, we are confident that you will remain steadfast in your dedication to the people of the State, continue with all the ongoing projects, ameliorate housing needs, open up access roads in existing government lay-outs and create low cost housing estate lay-out scheme to ease accessibility to housing plot by senior and junior civil servants, and the general public.
“The Estate Surveyors and Valuers in the State urge you to continue championing the causes that matter most to the state and ensuring that the professionals in the built environment in both public and private sectors are constantly engaged, in moving the state forward.
“We have recently sought for collaboration with the Director General, Bureau of Lands headed by Hon. Samari A. Teina FCA who assured the Estate Surveyors and Valuers in the state of a better collaboration, being a major players in land related matters such as property/assets valuation for all purposes, property rating, facility and infrastructure management, Compensation and right of way valuation, auctioneering, project finance & management, environmental valuation, business assets and intellectual property valuation, land advisory services, property development, property consultancy services with relevant agencies by putting in place adequate regulations and enforcement of standard, towards enrichment of the state.
“Your victory at the Supreme Court is a victory for all who believe in the power of democracy and the rule of law. It is a testament to the fact that when leaders govern with integrity and a deep sense of responsibility, the support of the people and the legitimacy of their mandate will always prevail.
“Once again, congratulations on this well-deserved victory. We look forward to a more productive administration, working together to build a modern city for the entire state and Kogites in diaspora” the statement stressed.
Legal
Sacked CBN Staff drags Apex Bank to Court, demands Multibillion naira damages
From Justine Davis, Jos
The Central Bank of Nigeria appears to face a serious legal battle as aggrieved sacked staff of the financial Institution has approached the National Industrial Court of Nigeria, Abuja Judicial Division to challenge their unjust termination of service from the Apex Bank, without any offenses committed in the course of their service years.
Over 100 of the victim through a legal representation led by Ola Olanipekun SAN the Team Counsel had on Thursday, 22 August,2024 approached the National Industrial Court to seek for redress with various claimants, making nothing less than 300 million naira demands, amounting to billions of nairas as damages from the Defendant.
Recalled in 2023 and 2024, the Apex Bank embarked on mass sacking of its senior officers, Directors, Deputy Directors, Assistants among others under the re-organization policy of the CBN Governor, Olayemi Michael Cardorso.
Part of the relief sought by the claimants Counsel, Mr. Olanipekun SAN, is for the reinstatement of the claimants and general damages caused by the Defendant within the period they were forcefully disengaged from service.
The counsel submission is that the termination of the claimants appointments contravene the provision section 14 of the Central Bank of Nigeria Act 2007 and Articles 6,4,3(a) of Human Resource Policies and Procedure Manual (HRPPM).
He further stated that, “we urged your Lordship to be guided by the decision of Supreme Court in the case of Marine Management Associates Inc.& ANOR vs National Marine Authority (2012) LPELR-20618(SC) where the Apex Court held this;
“The case is indeed well settled that in a case of breach of contract, which is what the present case is, the assessment of the damages is calculated on the basis that the loss was either in the contemplation of the contract or is an unavoidable consequence of the breach.
“The fact that the damages as in the present case are difficult to assess does not disentitle a claimant to compensation for loss sustained from Defendant’s conduct of breach of contract. Also the fact that the amount of such loss cannot be precisely ascertained, does not deprive a claimant of all remedy as stated by this Court in Nzeribe vs Dave Engineering Co.Ltd (1994) 8NWLR (P361) 124 at 147.” He referred
Olanipekun in a Court document made available to some Journalists stressed that for instance one of his clients amongst many who still have 9 years in service was forcefully terminated without any serious reasons and without any due process by the defendant.
He prayed the court for “An order of this Honourable Court that the Defendant shall pay forthwith all monthly salaries and allowances that the Claimant would have earned in the course of his service/employment, being the sum of (N178,386,127.00) or such other sums in that regard, from the effective date of unlawful termination of his appointment up and until his due date of lawful retirement on 4th August, 2033.
“A declaration of this Honorable Court that the Claimant’s employment with the Defendant, evinced by letter Ref:PERS/CDEV/AP68/02/43 cannot be arbitrarily terminated and without recourse to the terms of the employment/appointment, the Defendant’s Human Resource Policies and Procedure Manual and/or observance of due process of law.
“An order of this Honorable Court setting aside the purported termination of the Claimant’s employment vide letter titled ‘Re-organization’ dated 24th May, 2024, for being arbitrary, unlawful, null and void.
“An order of this Honorable Court that the Defendant shall reinstate the claimant to the position of assistant Director or other higher position, all monthly salaries, allowances and other emoluments/entitlements which he would have earned if his employment had not been unlawfully terminated, being amount of N1,621, 455.70 calculated monthly and evidenced by his salary payment; and/or such other monies in that regards as this current or subsequent promotion/grades would be entitled up and until the date of the judgment.” He stated.
Recalled that the Apex Bank sometimes in May 2024 sacked over 200 staff drawn across various states of the federation without any satisfactory reasons as most of the letters only carries “Re-Organization” indicating that their services were no longer needed following the re-organization of the Apex Bank under President Bola Ahmed Tinubu administration.