News

Court Adjourns Ruling in Atiku, Keyamo Case

Published

2 years ago

May 7, 2023

Eric

The Federal High Court, Abuja, presided over by Honourable Justice James Omotosho, in Suit No: FHC/ABJ/CS/84/2023, on Tuesday May 3, 3023, adjourned for ruling, the preliminary objection filed by Prof. Mike Ozekhome, SAN, on behalf of Alhaji Atiku Abubakar, against the suit instituted against him by the Minister of State, for Labour and Employment, Mr. Festus Keyamo, SAN.

Atiku had through his counsel, Prof. Ozekhome, raised a preliminary objection to the suit to the effect that Keyamo lacks locus standi to file the suit, having not disclosed what he has suffered above other members of the public, especially as he filed the suit as a public officer using his public position. He said the Plaintiff had not disclosed any wrong done to him by Atiku, or what damage he had suffered, describing him as a busy body and meddlesome interloper. Atiku also argued that the suit disclosed no reasonable cause of action.

Atiku had, in the Preliminary Objection, urged the court to dismiss Keyamo’s suit which accused him of using an SPV to corruptly enrich himself while he was Vice President of Nigeria, as purportedly revealed in an affidavit allegedly deposed to by one Michael Achimugu. The allegation had led Keyamo to write to the EFCC, CCB and ICPC to investigate and prosecute Atiku. In addition, Keyamo filed the suit urging the court to direct the anti-graft agencies to prosecute Atiku as a public duty.

Atiku also argued through Ozekhome that the Plaintiff’s suit is incompetent having been filed without leave of the court being first sought and granted on a matter for judicial review, seeking an order of mandamus to compel public officers to perform their statutory duties.

He also argued that the Plaintiff’s suit constitutes a gross abuse of office, the Plaintiff being a public officer occupying a public office and using public funds to bring an action against a private individual to confer a private gain on himself and his political party.

Atiku also urged the court to dismiss and/or strike out the suit for not being initiated by due process of law; and the proper parties not being before the court, as the Attorney-General of the Federation who is the Chief Law Officer of the Federation vested with the prosecutorial powers of the Federation by the 1999 Constitution was not joined as a party to the suit. Ozekhome also urged the court to dismiss the case because it was statute-barred under the Public Officers Protection Act, LFN, 2004, as complaints involved allegedly took place between 1999 and 2007 when he was the Vice President of the Federal Republic of Nigeria, and while he acted in his capacity as a public officer.

The entire suit, Ozekhome also contended, was instituted in bad faith; constitutes an abuse of court process; and is frivolous and vexatious; and therefore constitutes a waste of the precious time of the court and the parties.

The EFCC in its preliminary objection, filed through its counsel, Samuel Okeleke Esq, also aligned with the argument of Atiku, that the case of the Plaintiff was for judicial review, yet he failed to seek the leave of court before filing same. ICPC on its own part contended in its preliminary objection filed by its counsel, O.B Odogbu Esq, that the acts complained about by the Plaintiff were done before the establishment Act of the Commission came into effect.

When the case came up for hearing before Justice Omotosho on 3rd May, 2023, Benson Igbanoi, Esq, holding Prof. Ozekhome’s brief and leading Okueyelegbe Sylvanus Maliki and others for Atiku, informed the court that the Plaintiff did not file any response to Atiku’s Preliminary Objection which was served on him since the 20th of February 2023 contrary to order 26 rule 4 of the Federal High Court (Civil Procedure) Rules, 2019, which provides that the Plaintiff shall respond to Atiku’s objection within seven (7) days from the said 20th February, 2023, when same was served on him. He urged the court to take the Preliminary Objection as unchallenged and strike out and or dismiss the case of the Plaintiff as the purported counter affidavit filed by the Plaintiff was incompetent. However, the Plaintiff through his counsel, O.C. Uju Azu, Esq. responded that by the provisions of order 29 Rule 4 of the rules of the court, his time to respond to the objection of Atiku only started running from the time the Originating Process was served on him personally. The court however wondered whether there was any rule of court that supports this argument, that a party cannot file a preliminary objection when he has knowledge of a suit against him before he is personally served the processes. The court after hearing argument on this, reserved ruling to the 5th of June, 2023, on the competence or otherwise of the counter affidavit of Keyamo to the Preliminary Objection of Atiku which was filed belatedly without leave of court, till the time when a composite ruling shall be delivered on all the Preliminary Objections filed by parties.

News

Court Sacks Pro-Wike Rivers PDP Chairman

Published

1 day ago

January 14, 2025

Eric

A Rivers State High Court sitting in Port Harcourt, on Monday, sacked Chukwuemeka Aaron, as Chairman of the Peoples Democratic Party (PDP) in the State.

Chukwuemeka is a loyalist of the former Governor Nyesom Wike, now Minister of the Federal Capital Territory (FCT).

Justice Stephen Jumbo, in his ruling, nullified the PDP ward, local government and State congresses held in July 2024.

The development is coming barely one month after another High Court nullified the ward, local government and State congresses of the opposition All Progressives Congress (APC).

The ruling sacked another Wike’s loyalist, Chief Tony Okocha, as the Rivers State chairman of the APC.

The court’s decision to sack the PDP chairman followed a dispute over the legitimacy of the PDP congresses.

The congresses were conducted by a faction of the party loyal to Wike.

A State High Court presided over by Justice Charles Wali had on July 20, 2024, stopped the PDP from going ahead with the ward, local government and State congresses.

News

Lawmakers Impeach Lagos Assembly Speaker, Obasa

Published

2 days ago

January 13, 2025

Eric

Members of the Lagos State House of Assembly have impeached Speaker Mudashiru Obasa.

The lawmakers are accusing Obasa of multiple statutory and financial infractions.

Peoples Gazette reports that the lawmakers replaced Obasa by his Deputy Lasbat Meranda.

Meranda, who represents Apapa Constituency 1, was also a former chief whip of the House.

Source: Daily Post

News

Chief of Army Staff Approves Redeployment of Senior Officers in Fresh Shakeup

Published

3 days ago

January 12, 2025

Eric

The Chief of Army Staff (CoAS), Lieutenant General Olufemi Oluyede, has approved the posting and appointment of some senior officers of the Nigerian Army (NA) to various command, staff and instructional positions.

According to the army spokesman, Major General Onyema Nwachukwu, the redeployment is a strategic move to enhance operational effectiveness and administrative efficiency.

The redeployment cuts across Principal Staff Officers (PSOs) at the Army Headquarters (AHQ), General Officers Commanding (GOCs), Corps Commanders, Commandants of Army training institutions, Brigade Commanders and other key positions. The reshufflement underscores Nigerian Army’s commitment to ensuring robust and dynamic leadership structure capable of addressing emerging security challenges.

Some of the senior officers appointed as PSOs at the Army Headquarters include Maj Gen LA Fejokwu, from National Defence College to Department of Army Administration and appointed Chief of Administration (Army), Maj Gen GU Chibuisi, from Nigerian Army Resource Centre to Department of Civil Military Affairs and appointed Chief of Civil Military Affairs and Maj Gen AS Ndalolo, also from the Nigerian Army Resource Centre to Department of Army Training and appointed Chief of Training (Army). Others include Maj Gen OS Abai, from Department of Army Training to Department of Army Transformation and Innovation, appointed Chief of Transformation and Innovation and Maj Gen JH Abdussalam from Headquarters 6 Division to the Department of Special Services and Programmes and appointed Chief of Special Services and Programmes. Maj Gen EI Okoro has been redeployed from the Department of Army Logistics to the Department of Military Secretary and appointed Military Secretary (Army).

Senior officers appointed as General Officers Commanding (GOCs) include Maj Gen OT Olatoye from Nigerian Army School of Infantry to Headquarters 82 Division/Joint Task Force (JTF) South East Operation UDO KA (OPUK) as GOC 82 Division/Commander JTF OPUK and Maj Gen EF Oyinlola from Department of Military Secretary to Headquarters 3 Division as GOC 3 Division/ Commander Operation SAFE HAVEN (OPSH). The acting appointments of Maj Gen AGL Haruna as GOC 7 Division/Commander Sector 1 JTF North East Operation HADIN KAI and Maj Gen IA Ajose as GOC 8 Division/Commander Sector 2 JTF North West Operation FANSAN YANMA among others have been confirmed substantive in the recent redeployment.

Other senior officers redeployed are Maj Gen GO Adeshina from Headquarters Nigerian Army Signals to Nigerian Army Heritage and Future Centre and appointed Director General while Maj Gen GM Mutkut is posted from Nigerian Army Heritage and Future Centre to Headquarters Multi National Joint Task Force Njamena as the Force Commander. The redeployment also featured Maj Gen MC Kangye from Headquarters Nigerian Army Corps of Artillery to Defence Headquarters as the Director Media Operations.

Senior officers appointed as Corps Commanders include Maj Gen OC Ajunwa from Nigerian Army Heritage and Future Centre to Headquarters Nigerian Army Armour Corps and appointed Commander, Maj Gen HT Wesley from the Department of Special Services and Programmes to Headquarters Nigerian Army Ordinance Corps, appointed Commander and Maj Gen TT Numbere from Nigerian Army Heritage and Future Centre to Headquarters Nigerian Army Engineers and appointed Commander. Others include Maj Gen NC Ugbo from Department of Civil Military Affairs to Headquarters Nigerian Army Signals and appointed Commander, Maj Gen ZL Abubakar from Department of Army Transformation and Innovation to Headquarters Nigerian Army Corps of Artillery and appointed Commander and Maj Gen AP Oguntola from Nigerian Army College of Education Science and Technology to Headquarters Nigerian Army Education Corps and appointed Corps Commander.

Other senior officers also affected in the redeployment are Maj Gen JO Sokoya, appointed Commandant Nigerian Army Training Centre, Maj Gen UM Alkali appointed Commandant Army War College Nigeria, while Maj Gen FS Etim from Department of Army Transformation and Innovation is redeployed to Nigerian Army School of Infantry, appointed Commandant. Maj Gen AB Mohammed has been redeployed from the Department of Army Operations to Depot Nigerian Army and appointed commandant.