Connect with us

News

Court Sets Aside Conviction of Companies Allegedly Linked to Patience Jonathan

Published

on

The Court of Appeal convened via Zoom today, Friday 14th May, 2021 and delivered series of pending judgments amongst which was the appeal against the conviction of four companies said to be linked with Dr. Waripamo Owei Dudafa, an aide to former president Dr. Goodluck Jonathan. The EFCC had speculated that the companies were holding funds allegedly belonging to Dame Patience Jonathan, wife of the former president. So, the commission had arrested and charged Dr. Dudafa, Mr. Amajuoyi Briggs, a lawyer who was the secretary to all the companies, Demola Bolodeoku, a bank official and the companies to court in a 15-count charge. In a desperate move, the EFCC brought certain individuals to court who had confessed that they knew nothing about the companies. They were later allegedly schooled by the commission and trumped up to plead guilty on behalf of the companies so that the monies standing to the credit of the companies could be taken. Counsel challenged their pleas of guilt at the trial court which challenge was refused. Chief Ozekhome SAN further challenged the convictions made pursuant to the pleas but the Federal High Court refused to set it aside.

In a well considered judgment, the Court of Appeal set aside the conviction of Transocean Property & Investment Company Ltd, Seagate Property Development & Investment Ltd, Pluto Property & Investment Company Ltd and Avalon Global Property Development Company Ltd made by Hon. Justice Babs Kuewumi on the 2nd day of November, 2016. The convictions of the four companies were held to be a nullity having being done in gross disregard of statutory and constitutional provisions. At the Federal High Court, Chief Mike Ozekhome SAN led a team of lawyers to challenge the convictions of the companies and sought that the convictions be set aside. The trial court per Babs Kuewumi refused to set aside the conviction. That decision was appealed by the counsel.

In the four briefs settled by Ige Asemudara Esq., the Appellants in the different but related appeals contended that the circumstances of the conviction of the companies being a nullity, is one in which the court could set aside its own decision. Hence, it was urged on the Court of Appeal to allow the appeal and set aside the conviction. The court of Appeal agreed and set aside the conviction of the four companies especially in view of the fact that the validity of the plea of guilt which was challenged by the Appellant was still yet to be determined before the convictions were made. The court held that the convictions of the four companies breached the fair hearing provisions of the constitution. The lead judgement was read by Hon. Justice C. N. Uwa, Justices Tunde Awotoye and Abundaga agreed with the lead judgment.

The counsel present at the Zoom meeting were Ige Asemudara Esq for the Appellant (all the companies) with him were Ejieke Onuoha and Azubuike Solomon Akpe while Rotimi Oyedepo with A. O. Mohammed appeared for the Respondent.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Appeal Court Affirms Ruling Barring VIO from Impounding Vehicles, Fining Motorists

Published

on

By

The Court of Appeal in Abuja on Thursday upheld the judgment that stopped the Directorate of Road Traffic Services and Vehicle Inspection Officers (VIO) from seizing vehicles or imposing fines on motorists.

In a unanimous decision by a three-member panel, the appellate court found no basis to set aside the Federal High Court’s ruling of October 16, 2024, which restrained the VIO from harassing motorists.

The appeal filed by the VIO was dismissed for lacking merit. Justice Oyejoju Oyewumi delivered in the lead judgment.

The high court had earlier ruled, in a judgment by Justice Nkeonye Maha, that no law authorizes the VIO to stop motorists, impound vehicles, or impose penalties for alleged traffic offences.

The case arose from a fundamental rights suit (FHC/ABJ/CS/1695/2023) filed by lawyer Abubakar Marshal.

Marshal informed the court that VIO officials stopped him at Jabi in Abuja on December 12, 2023, and seized his vehicle without lawful reason. He asked the court to determine whether their actions violated his rights.

Justice Maha agreed and ordered the VIO and its agents not to impound vehicles or impose fines on motorists, describing the actions as unlawful. She held that only a court can impose fines or sanctions.

She ruled that the VIO’s conduct breached the applicant’s constitutional right to property under Section 42 of the 1999 Constitution and Article 14 of the African Charter. She further held that the VIO has no legal authority to seize vehicles or penalize motorists, as doing so infringes on rights to fair hearing, movement and presumption of innocence.

Although Marshal, represented by Femi Falana, SAN, requested ₦500 million in damages and a public apology, the court awarded ₦2.5 million.

The Directorate of Road Traffic Services, its Director, its Abuja Area Commander at the time (identified as Mr. Leo), team leader Solomon Onoja, and the FCT Minister were listed as respondents.

They appealed the decision, but the Court of Appeal dismissed the appeal.

Continue Reading

News

Tinubu Nominates Ibas, Dambazau, Enang, Ohakim As Ambassadors

Published

on

By

President Bola Tinubu has nominated Ibok-Ete Ekwe Ibas, the immediate past sole administrator of Rivers State and a former Chief of Naval Staff, as a non-career ambassador.

Tinubu also nominated Ita Enang, a former senator; Chioma Ohakim, former First Lady of Imo State; and Abdulrahman Dambazau, former Minister of Interior and ex-Chief of Army Staff, as non-career ambassadors.

Continue Reading

News

Senate Confirms Chris Musa As New Defence Minister

Published

on

By

The Nigerian Senate has confirmed General Christopher Musa, the former Chief of Defence Staff, as the country’s new Minister of Defence.

The announcement was contained in a statement by Bayo Onanuga, Special Adviser on Information and Strategy to President Bola Tinubu.

Musa, who retired from the military just 40 days ago, was nominated by President Tinubu on Tuesday to succeed former Defence Minister Mohammed Badaru Abubakar, who stepped down on health grounds.

According to Onanuga’s statement, the Senate approved Musa’s appointment on Wednesday through a voice vote, following a thorough screening session during which lawmakers posed numerous questions.

“Senate confirms Gen. Christopher Musa as Minister of Defence The Senate has confirmed the former Chief of Defence Staff, Gen. Christopher Musa, as the Minister of Defence. The Senate confirmed Musa on Wednesday via a voice vote after a rigorous screening session in which lawmakers asked him many questions,” the statement read in part.

Continue Reading

Trending