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Court Adjourns Ruling in Atiku, Keyamo Case

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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.

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Court Restrains NLC, TUC from Embarking on Strike, Protest in Abuja

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The National Industrial Court sitting in Abuja has stopped the Nigerian Labour Congress (NLC), the Trade Union Congress (TUC) and their affiliates from proceeding with a planned protest in the Federal Capital Territory (FCT).

Justice Emmanuel Sibilim issued the interim injunction on Monday, barring the labour unions from embarking on any form of industrial action or protest within the nation’s capital. The court also restrained three individuals — Comrades Benson Upah, General NA Toro and Stephen Knabayi — who were listed as respondents in the suit.

The ruling followed an ex parte application jointly filed by the Minister of the FCT, Nyesom Wike, and the Federal Capital Territory Administration (FCTA). The motion, marked NICN/ABJ/30/26, was argued on behalf of the applicants by a legal team led by Mr. James Onoja, SAN.

In its order, the court restrained the 1st to 5th respondents, “their privies or agents, from embarking on strike pending the hearing and determination of the motion on notice.” It further directed the 5th to 9th defendants, who are security agencies, to ensure that there is no breakdown of law and order in the FCT.

The claimants informed the court that the Chairman of the FCT Council had circulated a mobilisation message to union members and affiliates, calling for a mass protest scheduled for February 3. They argued that the planned action amounted to a violation of an existing court order.

According to the FCT Minister, an earlier injunction was granted by the court on January 27, after which the NLC and TUC allegedly issued fresh directives to their affiliates to intensify and sustain the strike, citing an appeal they had filed against the restraining order. He maintained that such actions were intended to provoke chaos and disrupt public order in Abuja.

Following the ruling, the court adjourned the substantive matter to February 10 for hearing.

Details contained in an affidavit filed in support of the application outlined the sequence of events that led to the court action. The claimants averred that:

“On the 19th of January, 2026, the workers in the employment of the 2nd Claimant acting under the aegis of the Joint Unions Action Committee (JUAC), commenced an industrial action by locking all entrance to offices and the secretariat of the Federal Capital Territory Administration, including closure of schools and all departments and agencies of the 2nd Claimant. Thereby, bringing the governmental functions and activities of the Claimants to a standstill.”

The affidavit further stated: “Being law abiding, the claimants herein instituted an action at the National Industrial Court Abuja, in Suit No: NICN/ABJ/17/2026, between the FCT Minister & anor V. Rifkatu Iortyer & anor, wherein the court on the 27th of January, 2026 made an order of interlocutory injunction restraining the defendants therein JUAC, its affiliate unions, and all employees of the 2nd Claimant were restrained from further embarking on any industrial action, and ordered to resume work pending the hearing and determination of the substantive suit.”

The claimants alleged that the injunction was openly disregarded after it was served on the parties.

“Immediately the order of the court was served on parties, the 1st Defendant acting through the 3rd Defendant issued a directive titled: ‘REINFORCEMENT DIRECTIVE TO ALL AFFILIATE UNIONS IN THE FCT’ urging the workers in the employment of the 2nd Claimant to resume industrial action,” the affidavit read.

It added that on January 28, the NLC and TUC issued another directive titled: “‘DEFEND YOUR RIGHTS WITH COURAGE AND DIGNITY: WE ARE WITH YOU’ wherein they directed that workers of the 2nd Claimant should resume industrial action and jettison the order of the National industrial Court made on the 27/1/2026.”

The court filing further stated that the Joint Unions Action Committee (JUAC) subsequently followed the directive, instructing its members to resume the strike through a notice dated January 28, 2026, signed by Comrade Abdullahi Umar Saleh as JUAC secretary.

According to the affidavit, the situation escalated when the FCT Council allegedly issued another mobilisation notice.

“Acting under the directives aforementioned, the 5th Defendant, acting, as the chairperson of the 1st Defendant; FCT Council, issued a directive on the 31/1/2026, to all affiliate unions named therein to mobilize their members who are employees of the 2nd Claimant for a mass protest in the Federal Capital Territory… on the 3rd of February, 2026 by 7.00 am prompt with a view to causing chaos, breakdown of law and order, and prevent the smooth administration of the 2nd Claimant.”

The claimants said they were compelled to return to court out of fear that the planned protest could disrupt vehicular movement and infringe on the rights of residents and visitors to the FCT.

“The Claimants are apprehensive of the breakdown of law and order obstruction of vehicular movement, violation of the rights of the residents of the Federal Capital Territory, particularly those in the private sector and other government establishments, which includes other States of the Federation, expatriates and tourists, hence the resort to court action,” the affidavit concluded.

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Ex-Cross River Gov Donald Duke Joins ADC

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Former Governor of Cross River State, Donald Duke, has resigned from the Peoples Democratic Party (PDP), formally pitching his tent with the African Democratic Congress (ADC).

Duke registered as an ADC member in Ward 5 of Calabar Municipality, where he collected his party membership card, marking his official entry into the opposition party.

His move comes amid recent internal concerns within the ADC in Cross River State. Former ADC governorship candidate, Dr Effiong Nyong, had written to the party’s National Chairman, protesting the inclusion of some individuals from the state in the ADC’s 50 Wise Men and Women Policy Manifesto Committee.

Nyong faulted a statement by the ADC National Publicity Secretary, Mallam Bolaji Abdullahi, which listed persons who, according to him, neither resigned from the PDP nor made contributions to the ADC, calling for their removal.

Political observers believe Duke’s swift formal registration may be linked to the controversy, as the former governor had earlier been named among prominent figures associated with the party.

Recall that Duke previously left the PDP for the Social Democratic Party (SDP), where he emerged as the party’s presidential candidate under controversial circumstances.

Meanwhile, ADC leaders in Bakassi Local Government Area have intensified calls on Cross Riverians to identify with the party, describing it as a credible alternative ahead of future elections.

Rising from a stakeholders’ meeting involving chapter executives, ward chairmen, and secretaries, party leaders accused the ruling All Progressives Congress (APC) of misrule and urged Nigerians to reclaim the country.

In a statement signed by the Bakassi Chapter Chairman, Emmanuel Asuquo, and Secretary, Eko Boco, the party reaffirmed its loyalty to the ADC national leadership, pledging support for the National Chairman, Senator David Mark, and National Secretary, Ogbeni Rauf Aregbesola, while urging undecided citizens to join the party’s “transformative agenda.”

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Police Nab Suspect Behind Dummy Bomb Threat to Lagos Schools

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The Lagos State Police Command has arrested a 25-year-old man over alleged fake bomb threat messages to two private schools in Ikeja Government Reserved Area (GRA).

The suspect was tracked and arrested on January 24 in the Okota area of Lagos State following digital investigations.

According to the sources, the suspect allegedly sent WhatsApp messages threatening a fire explosion to the Human Resources Manager of AVI–CEENA School and the Chief Security Officer of Grange School, both located in Ikeja GRA.

Although the messages were sent from an unknown phone number, police said digital tracking led to the identification and arrest of the suspect, identified as Kosisochukwu Chukwuekenyem Ogbumuo.

The suspect is currently in police custody and will be charged to court on conclusion of investigations.

Police said inquiries are ongoing to determine the motive behind the threats and whether other individuals were involved.

The Lagos State Police Command reassured parents, school authorities and residents of Ikeja GRA of its commitment to maintaining security and preventing panic or disruption within the education sector.

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