Featured

Court of Appeal Voids EFCC’s Seizure of Mike Ozekhome’s Professional Fees

Published

4 years ago

May 24, 2021

Eric

The Court of Appeal, Lagos Judicial Division, in a well considered judgement on Friday (May 14, 2021), dismissed an appeal filed by the EFCC against the judgement of Justice Abdulazuz Anka of the Federal High Court, Lagos, delivered on 3,2017, and held in favour of the Respondent, Chief Mike Ozekhome, SAN.

Justice Anka had defozen Ozekhome’s blocked account in Guaranty Trust Bank and vacated the interim ex parte order he earlier placed on the funds of Mike Ozekhome’s Chambers, at the instance of the EFCC.

The EFCC had obtained the interim ex parte order of forfeiture to freeze the money for 120 days, arguing that the 75m transfered to the account was proceed of unlawful activity, because it was paid to Ozekhome by the then sitting Governor of Ekiti State, Mr Ayodele Fayose,whom it said it was investigating.

The Court of Appeal in dismissing the appeal brought by the EFCC ( FRN), held that the EFCC had wrongfully obtained the ex parte order to freeze the account as the lower court lacked the jurisdiction to grant same and as the defendant could not have committed any infraction to warrant his account being blocked and frozen.

The court after hearing arguments from U. U. Buhari for the Appellant (FRN) and Ejieke Onuoha (for Ozekhome), held that there was uncontradicted evidence shown in invoices and receipts issued by Ozekhome to Fayose that the said sum represented part payment of his professional fees in the handling of various cases for Fayose across Nigeria.

It would be recalled that sometime in 2016, the EFCC had, through Justice I.B.M Idris, then of the Federal High Court, Lagos, frozen Governor Fayose ‘s accounts, accusing him of allegedly keeping proceed of unlawful activity. Fayose immediately engaged Ozekhome’s legal services and he approached the Federal High Court, Ado Ekiti, presided over by Justice Taiwo Taiwo, and challenged the ex parte freezing order granted by Justice Idris.

In a judgement delivered by Hon Justice Taiwo Taiwo, the Judge had found that the freezing order had been improperly granted and without jurisdiction in the first place, and upon suppression of material facts.

Fayose after the judgement went to his bank and withdrew 5 million naira from his defrozen account for himself, while transferring 75m to Ozekhome, as part payment of his professional fees.

The EFCC, though appealed this judgement, still went ahead and freezed Ozekhome’s account, contending that the 75m paid to his chambers by Fayose as professional fees for legal services rendered was proceed of unlawful activity.

Ozekhome filed a motion before the Federal High Court, Lagos, urging it to set aside its earlier order freezing his chambers’ account. He alleged misrepresentation, non disclosure, suppression of material facts and non compliance with the rules of the lower court and Judicial authorities regulating the grant of ex parte applications by the Appellant. Justice Anka after hearing arguments from Ozekhome and Mr Rotimi Oyedepo for the EFCC vacated the ex parte order and defreezed his account with GTBank. It was this judgement that the EFCC appealed to the Court of Appeal.

In an unanimous judgement delivered by the presiding Judge, Hon Justice Chidi Nwaoma Uwa, with Justices Tunde O. Awotoye and James Gambo Abundaga, JJCA, (the other two members of the Panel), concurring, the Court of Appeal dismissed the appeal and found as of fact that the bank account from which Fayose paid the fees was unencumbered as at the time he did having been defozen by Justice Taiwo of the Federal High Court, Ado Ekiti.

The court found and held that the said order of Justice Taiwo which had vacated the order of Justice Idris (a court of equal and coordinate jurisdiction (as permitted by the Supreme Court under certain conditions), remained the extant law as it was still valid, subsisting and binding, having not been set aside by an appellate court or by the trial court itself.

The Court of Appeal also agreed with the lower court and held that from available evidence on record, the disputed amount having already been dissipated by the Respondent as at the time it was frozen by the lower court at the instance of the EFCC, the lower court did not have the requisite jurisdiction to have granted such freezing order in the first case. The court also held that the said sum of 75m was lawful proceed for legal services duly rendered to Fayose by Ozekhome, and not proceed of unlawful activity.

The Court of Appeal also agreed with the lower court, relying on the case of REGISTERED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION V AG, FEDERATION & CBN (Suit No. FHC/CS/173/2015), decided in 2015, by the Hon Justice Gabriel Kolawaole (then of the Federal High Court, Abuja), and later upheld by the same Court of Appeal in appeal No. CA/A/202/2015 (CBN V REGISTERED TRUSTEES OF THE NBA), that Legal Practitioners are excluded and exempted from the definition of “DESIGNATED NON-FINANCIAL INSTITUTIONS”, as contained in section 25 of the MONEY LAUNDERING (PROHIBITION) ACT, 2011. The section had been declared invalid, null and void, being inconsisted with the overriding section 192 of the Evidence Act. The Court of Appeal held this remains the extant law.

The court also agreed with the finding of the lower court and held that the failure of the EFCC to give security or undertaking to pay damages as one of the conditions precedent to the grant of an interim injunction, as held by the Supreme Court in KOTOYE V CBN was fatal to its case. The court dismissed the Federal Government’s contention that it was not afforded fair hearing before the lower court vacated its freezing order.

The Court of Appeal was denied fair held that it was rather the hearing b efore the order affecting him was made ex parte. Consequently, the Respondent was perfectly entitled to have the order reviewed by the trial court before the expiration of its life span of 120 days, by putting forward his uncontradicte d facts and exhibits, as he did.

The court further held that an ex parte order is expected to be short as an interim measure, and that the lower court was right to have discharged the order it earl i er made before its lifespan of 120 days been misled in granting same, , having found that it had based on suppression of material facts by the EFCC.

On whether a legal practitioner is legally obliged to begin to ask a client for the very source of his money from whi ch the client desired to pay the court said there was no such requirement known to law. It held that : lawyer, “a Legal Practitioner is entitled to his fees for professional services and such fees cannot be rightly labelled as proceeds of crime.

It also held,

“further, it is not a requirement of the law that a legal Practitioner would go into inquiry before receiving his fees from his client, to find out the source of the fund from which he would be paid.”

See court documents below:

Featured

Current Hardship in Nigeria, a Result of Lack of Leadership, Says Atiku

Published

9 hours ago

December 26, 2024

Eric

Former Vice President Atiku Abubakar has attributed Nigeria’s worsening hardship to lack of effective leadership, emphasising the need for sacrifices by political leaders for the collective good.

The former presidential candidate of the Peoples Democratic Party (PDP), in his Christmas message to Nigerians, called on the nation to confront the root causes of its struggles while embracing unity and love during the festive season.

Atiku extended warm greetings to Christians celebrating the birth of Jesus Christ, urging Nigerians to reflect on the significance of the season.

“It is a blessing that we can once again celebrate the events leading to the birth of Christ, despite the adversity we face,” Atiku said.

He acknowledged the resilience of Nigerians in the face of unprecedented economic and social challenges but lamented the widespread suffering and preventable deaths resulting from poor governance.

“The failure of our leaders to make necessary sacrifices has deepened the hardship and widened the gap between the people and those in power,” he said.

Atiku criticized the lack of visionary leadership in the country, blaming it for the deteriorating quality of life for millions of Nigerians.

He highlighted how poor governance has exacerbated economic difficulties, leaving citizens to bear the brunt of inflation, unemployment, and insecurity.

“Our current struggles are not insurmountable,” Atiku noted, “but addressing them requires leadership that prioritizes the well-being of the people over political expediency.”

Despite his critique of the current administration, Atiku’s message carried a tone of hope and encouragement.

He called on Nigerians to remain united and to confront their shared challenges with love and compassion for one another.

“With love and unity, there is no obstacle too great to overcome. Let us, therefore, come together to share love and joy with all people of goodwill,” he urged.

Atiku also reminded Nigerians of the spirit of Christmas as a time for reflection, gratitude, and selflessness. He encouraged citizens to draw inspiration from the life of Jesus Christ, whose birth symbolizes hope and renewal.

As Nigerians continue to grapple with economic and social instability, Atiku expressed hope for a brighter future, urging all citizens to work together to create a nation that prioritizes the welfare of its people.

“We must not lose sight of our collective strength and potential. With the right leadership and shared determination, Nigeria can rise above its challenges,” he stated.

The PDP chieftain wished all Nigerians a blessed Christmas filled with peace, happiness, and renewed hope for the future.

Featured

Akwa Ibom Gov Disburses N750m Business Grant to 15,000 Youths

Published

3 days ago

December 24, 2024

Eric

In a historic move to tackle unemployment and empower Akwa Ibom’s youth, Governor Umo Eno has disbursed ₦750 million in unemployment business grants to 15,000 youths across the state. This innovative programme provides ₦50,000 monthly grant to 5,000 beneficiaries, with plans to expand the initiative to a total of 60,000 youths drawn from all 31 Local Government Areas (LGAs) over the next 12 months.

Speaking during the official presentation of the grants at Banquet Hall of Government House, Uyo, Gov Eno described the initiative as a cornerstone of his administration’s commitment to youth empowerment and capacity building.

He urged beneficiaries to utilize the grants for productive ventures that will enhance their personal growth and contribute meaningfully to the state’s economy.

He reaffirmed his administration’s focus on creating opportunities that enable youths to thrive and unlock their full potential, adding that this programme is part of a broader charter to highlight and support the immense talent and resilience of Akwa Ibom youth.

Gov. Eno also announced plans for civil service recruitment through the State Youth Employment Portal.

He encouraged youths to register on the portal, which has been designed to simplify access to jobs and other employment-related initiatives, underscoring his administration’s commitment to transparency and inclusivity in public service recruitment.

Additionally, the governor highlighted several complementary programmes aimed at building youth capacity, including Ibom LED, the Dakkada Skills Acquisition Centre, and the Ibom Community Watch initiative. These initiatives provide vital training, mentorship, and job creation opportunities for young people, equipping them with the skills needed to succeed in today’s competitive economy.

Describing the selection process, SSA on ICT, Dr. Frank Ekpenyong said beneficiaries where chosen through an unbiased and thorough process.

Featured

Ahead Christmas, It’s Glo’s Feliz Navidad All the Way on TVCs

Published

4 days ago

December 22, 2024

Eric

Celebratory seasons, such as Christmas and New Year, are times when corporate organisations churn out new television commercials (TVCs) to connect with their customers and share the fun, euphoria and uncommon conviviality of such seasons.

One such organization which has over the years used this strategy to great effect is Nigeria’s top telecommunications brand, Globacom.

The exciting commercials that the technology company keeps rolling out fan the delight and elation of the season of goodwill. The brand employs the occasion not only to promote brand awareness but to felicitate its customers and the nation at large.

It is a tradition Glo has established. Since it started operations in 2003, it has always used television commercials as veritable tools of ensuring brand presence, marketing products and services and spreading joy among its various targets.

The 2024 Yuletide adverts it rolled out recently are not different. The two unique yet powerful commercials serve dual purposes. They felicitate the Nigerian people and spread mirth, which the season typifies, around existing and prospective customers.

Expectedly, the two new commercials have dominated the airwaves, and kept viewers talking and relishing the joy that Christmas brings.

The first commercial features juju music maestro, King Sunday Adegeye, popularly called King Sunny Ade, who parades a full ensemble of dancers and a rich, talented band in the TVC tagged “Merry Christmas”. The percussions, rhythm and dance merge to foster affability and enchanting memories of the season of glad tidings.

Before the party celebration where King Sunny and his band entertain guests, the TVC takes viewers back to the 1970s and 1980s when Christmas was celebrated with so much fanfare. It paints a vivid picture of rural Nigeria during Christmas where the warmth of tradition and community fills the air. The village with lush green vegetation is buzzing with excitement, with children playing, women cooking delicious meals in open-air kitchens, the aroma of local dishes (you can literally perceive it) mixing with the sounds of Afro Juju music. Families and friends gather around, dancing joyfully to the rhythmic beats, their faces beaming with happiness as they celebrate the festive season. A woman bearing the Aso ebi for the party is shown coming down from a Peugeot 504 car which also reinforces the advert as being set in the 1980s.

The television commercial by the telecom company captures the essence of togetherness, blending the cultural richness of rural life with the spirit of Christmas, all while subtly underscoring the telecom brand’s role in connecting loved ones, no matter how far apart they may be. It ends with “Better don come. Merry Christmas, Nigeria” further underscoring the reason for the commercial.

The second commercial tagged “Feliz Navidad” uses a galaxy of known artistes including Nollywood star, Timini Egbuson, as well as Uche Nwaefuna (Uchemontana), Chigozie Stephanie Alichi (Chizzy Alichi), Tomi Ojo, Eronini Osinachim, Kiki Bakare and Tope Adenibuyan (Teddy A) to pass across the message of Christmas.

At the heart of the Christmas party, the energy is electric as tap dancers take center stage, their feet tapping out intricate rhythms that blend seamlessly with the upbeat melody of Feliz Navidad. The sound of their shoes striking the floor creates a lively pulse, complementing the lively tunes of the music band performers who bring the festive song to life with vibrant instruments and harmonious vocals. Laughter and cheer fill the air as all come together to toast the season, sharing in the joy of music, movement, and the warmth of the Christmas spirit. The scene is a vibrant celebration of culture, unity, and festive joy, all set to the timeless sounds of Feliz Navidad.

These commercials have further endeared the Glo brand to its subscribers and the general Nigerian public as they enjoy the geniality of the season of love, hope, gifts and celebrations.

Talking about the Yuletide commercials, Ademide Gafar, an industry watcher opined that churning out great TVCs is one of the selling points of the Glo brand while John Michael, a marketing communications expert, noted that Globacom is not just a leader in the telecommunications sector but a prominent creator of unforgettable commercials. From the nation’s pride in telecommunications, it’s Feliz Navidad-Merry Christmas!