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

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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:

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Memoir: My Incredible 10 Years Sojourn at Ovation by Eric Elezuo

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By Eric Elezuo

It seems like yesterday, but like a joke well cracked, a whole 10 years have come and gone since I ventured into the new lease of life called Ovation Media Group. The experience has been a pot pourri of incredibilty, sensation, hits, near hits and a mixed fortune of the good, bad and ugly. Of course, what does one expect?

The Ovation brand has been not only big, but larger than life. To us out there savoring their sensational releases in terms of publications, it was much more than a media organisation, but something in the neighborhood of myth tingled with legendary. In my little circle, people talked about Ovation Magazine as a garden of Eden that can only be imagined with utmost reverence, but can never be reached or accessed.

Sometimes, you hear people talk about an event, and the next thing you hear is ‘even Ovation covered it’. That alone is a proof that there was nothing ordinary about the occasion. It was only meant for ‘gods’ in human form; the be all and end alls of world politics, entertainment and enterprise. Ovation was just big, so big among Africans that describing it will completely leave one gaping and lost for words.

If the brand was this huge, you can imagine what the mention of the brain behind it, Dele Momodu, conjure to the mind, of both the speaker and the listener. He was the big masquerade that can only be felt, heard and never seen except for the members of the inner caucus. At a stage, I vowed to be a member of this inner caucus. I didn’t know how it would happen, but I decided something; that when I would get married, Ovation would be there to cover it, the cost notwithstanding. I knew I would’ve been rich enough to afford their services, and so come face to face with the big masquerade, Dele Momodu himself. Well, I’m still not ‘rich enough’, but I have not only come face to face with the big masquerade, but has risen to become the Editor of the most sought-after celebrity journal in Africa, and all its appendages or titles including The Boss Newspaper and Ovation Television.

The day was Wednesday, January 20, 2016, when I first sat face to face with Chief Momodu, who over the years has steadily and graciously transformed into Aare, Dr among many impressive titles, in the company’s then new office at Opebi, Ikeja. It was my interview to be absorbed as a Correspondent into the organisation. The opportunity dropped on my lap, made possible by my good friend and ex-classmate at the University of Lagos, Mr. Mike Effiong, who was the substantive and hardworking editor then.

My desire to work with Ovation transformed into hunger when I discovered that Mike, as I use to call him at UNILAG, or Editor, as I called him when with I joined the organisation, was the second-in-command. I told myself, and to wife that if only I could reach out to Mike, it would be easy to know availability in the organisation. We were very close at close though he was already very career minded then, supping and dining with those that matter in the industry at that level. The last I saw him before his Ovation rise was when he was at Encomium Magazine. We lost contact afterwards. It was the days of no GSM. They were moving with pagers. I had no such privilege. I can’t remember exactly how his number dropped on my lap one day many years after. I called and got to him. We reconnected, and reminisced. I was a school teacher then. I seized the opportunity to explain that I still wished to practice journalism. We have had the discussion earlier shortly after graduation. He invited me to his office – then at Excellence Hotel, Ogba. We met in the ‘luxurious’ lobby of the hotel the day I came. There was no place for me then as he told me. Though I was disappointed, I doubted if I was ready for the kind of job description I noticed that day. Mike seasoned my coming by patronizing my book. Yes, I was marketing my first book then, ‘The Dedication Tragedy’, and was fresh from Master’s degree class after getting my Masters in International Law and Diplomacy (MILD) from the University of Lagos.

We lost contact again. It was not until 2015 he returned my call, after several calls, and talked about a certain ‘The Boss’, which is the newest brainchild of the organisation. I was ready to move to anything, that can help me offset my highly accumulating bills. I was working with National Mirror, where I was owed months of salary. The funniest part was that I moved from Newswatch, where I was owed years of salary to National Mirror. Incidentally, both organizations were owned by one person. That’s a story for another day.

So on that fateful January 20th of 2016 after several failed appointments owing to Chief Momodu being out of the country, we finally met. The interview was sharp but detailed. It was beyond paper qualifications though I was armed with requisite qualifications. It was a case of wits, reposition of knowledge and ability to navigate through the world of news gathering and dissemination, and not forgetting ability to withstand pressure and travel at short notice. I did not only nod in the affirmative to all, but proved my hunger in words and action to take up the challenge. I was found worthy, and asked to assume duties. I requested for the rest of the month to sort myself out. There was nothing to sort out. I just needed time to calm my head, and douse the euphoria so as not to make a mistake on the first day.

So on Monday, February 1, 2016, I appeared completely suited with tie to begin a new trend in professionalism. The suit was just appropriate for a worker, who has not been paid for ages, if you get what I mean. I was slammed with the title of Correspondent, but given a job description that equalled editor, reporter and supervisor combined. I wrote, edited, proofread, set page, go on field assignment, publish and share. It was a handful, but I was happy to have a job, and the job I wanted. So I adapted with equanimity. In fact, my publisher was a no-nonsence person. Mistakes were not permitted. Missing deadlines were taboos. Tough as it was, it toughened me. Today, I’ve graduated from being a better journalist to whatever you can think of.

Shortly after assuming office, I got the privilege to interview and engage staff, mostly interns to work directly under me. My first staff was Temitope Ogunleye, a young corper from Kogi State University. She is still with me today, having grown in leaps and bounds. Others followed including Morakinyo Ajibade from Nigerian Institute of Journalism, David Adeyemi, Isaac and  Annabelle from Babcock University and Mariam. Ajibade is also still with me today. His level of growth is tremendous. There were many others, and they are all helpful to my career success. There was also Joguomi, Victoria, Christiana and many others. I did my best to support their mentoring, and they are performing brilliantly in their various worlds.

This is not forgetting the men with the camera I met on ground and those that joined afterwards; Koya, Ken, Iroko, Funmi, Solomon, Abraham, Femi, Ben, Tunde, Daala Taiwo, Abbey and a host of others. We did many things together including our botched Christmas party. That happens to be the biggest blow any staff has suffered. Today, it’s worth looking back at, and laughing loudly at.

It has not all been rosy though; twice I have been sacked for operational deficiency (not incompetence), and twice I have been restored for obvious reasons. And today, God is still helping us.

In 2020, I was upgraded to the post of Assistant Editor of The Boss Newspaper, and in late 2021, I was elevated to the position of Editor, The Boss Newspaper.

In November 2023, precisely on the sixth, I was privileged to be considered and appointed as the Editor of the Ovation brands or Ovation Media Group. The editor of Ovation is a title for the General Administrative and Editorial Head of the Group, answerable to only the Publisher and Board of Directors.

My appointment was sequel to the elevation in politics of my immediate boss, Mike Effiong, who was appointed as Senior Special Adviser to the Governor of Akwa Ibom State.

It’s not yet uhuru though. I’m still learning and taking instructions from superiors in the industry and elsewhere. I must add that humility and acceptance of everyone I’ve met in the line of duty, has helped in no small measure to fasttrack my growth. Yes, I can beat my chest and say that I have delivered, and still delivering.

Yes again, I’ve not been able to traverse the globe as regards traveling or amass wealth, but my experience can dictate for any world leader. It is worth noting that waking up to work for Ovation every day (morning, afternoon, evening, night and midnight including wee hours), and this is not an exaggeration, but bare facts, has taught me life, in both the hard and acceptable ways.

To my boss of inestimable value, Chief Dele Momodu, my appreciation is limitless; my friend of many years, Mike Effiong and past and present staff of the brand, thank you for the opportunity. I don’t know where the next 10 years will meet us, but I know for sure it would be in a good place, and much bigger than we are today.

Cheers to February One!

Eric Elezuo is the editor, Ovation Media Group, and writes from Lagos

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CAN Tackles Shariah Council Over Call to Remove INEC Chair Amupitan

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The Christian Association of Nigeria (CAN) in the 19 Northern states and the Federal Capital Territory (FCT) has rejected the call by the Supreme Council for Shari’ah in Nigeria (SCSN) seeking the removal of the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan.

The Shari’ah Council, earlier this week, demanded the immediate removal and prosecution of Amupitan, as members of the Council questioned his integrity over a legal brief in which he reportedly acknowledged claims of persecution constituting genocide of Christians in Nigeria.

Reacting to the development in a statement on Thursday, the Chairman of Northern CAN, Reverend Joseph John Hayab, and the Secretary General of Northern CAN, Bishop Mohammed Naga, questioned the motive behind the demand, asking who was sponsoring the call and why such interests are hiding behind the platform of a religious body.

Describing the call as a dangerous attempt to politicise religion and undermine a critical national institution, Hayab stressed that Professor Amupitan has a constitutional right to freedom of religion, adding that expressing concern over challenges faced by his religion does not amount to bias or disqualification from public service.

He also pointed out that many Muslims who had served in key government positions in the past had troubling religious antecedents, yet were not subjected to similar scrutiny, urging national actors to prioritise competence and national interest over sectarian sentiment.

Hayab, who warned that the controversy further reinforces concerns about persistent religious discrimination against Christians in Nigeria, particularly in appointments to sensitive national offices, recalled that the two immediate past INEC chairmen were Muslims from Northern Nigeria, and warned against narratives suggesting that only adherents of a particular religion are qualified to lead the electoral body.

“Anyone hiding under the guise of the Shari’ah Council to demand the removal of the INEC chairman over political or sectarian interests should come out boldly. Otherwise, the ploy has died naturally, he said.

“”Are they saying that no other religion should serve as INEC chairman except Muslims? The most important question Nigerians should ask is whether Professor Amupitan is competent or not.

That should be the focus, not his faith,” the statement added.

The association commended President Bola Ahmed Tinubu for what it described as a deliberate effort to promote national unity by appointing a Christian as INEC Chairman, despite being a Muslim.

It noted that the decision reflected statesmanship and inclusivity, similar to precedents set under the previous administration of President Goodluck Jonathan, who kept a northern Muslim as INEC Chairman against all odds.

The Christian leaders advise the Shari’ah Council to publicly identify any individual or group behind the campaign against the INEC chairman, insisting that religious platforms must not be used as “cheap cover” to pursue political interests or intimidate public officials.They, however, called on the INEC chairman not to be distracted by the controversy, urging him to remain focused on his constitutional responsibility of conducting free, fair and credible elections.

“He should concentrate on doing the right thing for Nigerians and not behave like others who openly manipulated elections in the past and now seek to remain relevant through religious blackmail,” the statement said.

Northern CAN also raised concerns about what it described as emerging signals of a coordinated political agenda ahead of the 2027 general election, citing recent comments by the Minister of Culture, Tourism and Creative Economy, Hannatu Musawa, who warned that the All Progressives Congress (APC) risks electoral defeat if it drops a Northern Muslim-Muslim ticket from President Bola Tinubu’s re-election ticket.

According to the association, such statements, when viewed alongside the sustained attacks on a Christian INEC chairman, raise legitimate questions about whether there is a deliberate effort to undermine Christian participation and confidence in the country’s political process.

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Sit-at-Home: Soludo Threatens Anambra Traders with Forfeiture of Shops

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Anambra State governor, Prof. Chukwuma Soludo,  has escalated the enforcement of his earlier directive to traders at Onitsha Main Market, warning that shops of defiant traders will be forcibly closed if they continue ignoring government orders to open for business on Mondays.

The development follows Soludo’s initial announcement on Monday, when he ordered a one-week closure of the market over traders’ persistent defiance of the state’s anti-Monday sit-at-home directive.

Addressing the situation during an on-the-spot inspection of the market this afternoon, the governor said past efforts to persuade traders had failed, and the government is now moving to a more assertive approach.

“If you deny 20% of workdays in a year, you are undermining our prosperity, job creation, and the economy. In 2022 and 2023, we fought it. In 2024 and 2025, we pleaded. But in 2026, we are shifting to gear 4, no backing down. Anyone who closes their shop, we will help them close it for one week. From next week, if they refuse to open by Monday, I will shut down the market and take over some of them,” Soludo declared.

He described traders’ repeated Monday closures as deliberate economic sabotage, stressing that the closure ordered on Monday was a protective measure for law-abiding citizens.

Security personnel, including the police, army, and other agencies, have been deployed to enforce the closure and maintain order. Soludo warned that non-compliant traders after the one-week shutdown risk a longer closure of up to one month.

The measure is part of the state government’s ongoing effort to end Monday sit-at-home practices, which have continuously disrupted economic activities across the South-East.

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