2013: The cases that stood out in the year

Excess Crude Account (ECA) and the Sovereign Wealth Fund (SWF) case

The suit by the 36 governors challenging

the propriety of the Excess Crude Account

(ECA) and the Sovereign Wealth Fund (SWF) made headlines in the outgoing year.

The Supreme Court initially granted a long adjournment to enable parties resolve the dispute amicably. It later resumed hearing after the governors and the Federal Government failed to settle the dispute over the alleged illegal diversion of funds meant for the federation to maintain the ECA and SWF.

The states had filed different suits seeking the interpretation of Section 162 of the 1999 Constitution as it affected the diversion of funds, which ordinarily ought to accrue to the Federation Account for sharing among the three tiers of government.

In the suit the states are asking the court to resolve the dispute over the retention of the ECA and the transfer of $1 billion to the SWF. The 36 states are praying for an order compelling the government of the federation to pay into the Federation Account, N5.51 trillion being the balance of the money that accrued to the central purse between 2004 and 2007 from the proceeds of crude oil sales, petroleum profits tax and oil royalties. The court has fixed March 24 next year for hearing.

Pension fund cases

Early in the year, the trial of former officials of the Police Pension Fund at an Abuja High Court took a dramatic turn when one of the accused in the N39 billion scam, John Yakubu Yusufu, who had earlier pleaded not guilty alongside his co- accused, changed his plea. He pleaded guilty to the three out of the amended 20 count-charge brought against them by the Economic and Financial Crimes Commission (EFCC). Yusufu pleaded guilty to counts 18, 19 and 20 where he was alleged to have connived with Essai Dangabar, Atiku Abubakar Kigo, Ahmed Inuwa Wada, Veronica Ulonma, Sani Habila Zira, Uzoma Cyril Attang and Christian Madubuike, to convert N24.2 billion, N1.3 billion and N1.7 billion, belonging to the Pension Office to their own use. Justice Talba Mohammed sentenced Yusufu to two years’imprisonment on each of the counts or N250,000 fine. The jail terms were to run concurrently. The judgment led to public outcry, culminating in the suspension of Justice Talba for one year by the National Judicial Council (NJC) because he allegedly did not exercise his discretion judicially and judiciously with regard to the Yusuf sentence.

Meanwhile, the case involving former Director of Pensions Accounts in the Office of the Head of Civil Service of the Federation, Dr Sani Teidi Shuaibu and a banker, Eric Omoefe Uduesegbe, is still ongoing at the Federal High Court in Abuja. The court has heard how some government officials assigned to manage civil servants’ pension savings stole from the funds, using fictitious firms operated by private agents to defraud the fund of N1.951billion.

The Hezbolla case

One of the three Lebanese accused of belonging to Hezbollah terrorist group was jailed for life by the Federal High Court in Abuja. Talal Ahmad Roda, who was arrested in the Kano State House, where the ammunition was found, got life imprisonment having been found guilty of conspiracy.

Boko Haram: Court upholds Ndume’s appeals

The Court of Appeal, Abuja upheld the two appeals filed by Senator Mohammed Ali Ndume against decisions of the Federal High Court, Abuja in his trial on terrorism-related charges. The appellate court, in a judgment read by Justice Amiru Sanusi, faulted the decisions by Justice Gabriel Kolawole of the Federal High Court in which he, in two rulings on December 11 and 14, last year, admitted some computer generated items in evidence in Ndume’s trial. The Court of Appeal held that the trial court erred when it admitted the items even when the prosecution failed to comply with the condition precedent as required under Section 84(1) and (2) of the Evidence Act 2011 (as amended) in relation to the admission of computer generated evidence. Ndume, a Senator from Borno State, is facing terrorism-related charges before the Federal High Court, in Abuja.

2011 Christmas Day bombing case

A Federal High Court in Abuja convicted Kabiru Umar (aka Kabriru Sokoto) over his complicity in the 2011 Christmas Day bombing of St Theresa Catholic Church, Madalla, Niger State. The court also found him guilty in connection with plots to bomb the Police Headquarters and some other strategic public institutions in the state. Justice Ademola Adeniyi sentenced him to life imprisonment on the first count and 10 years in relation to the second count of the two-count charge on which he was arraigned before the court on April 19, this year by the Federal Government. About 44 worshippers died in the church when Boko Haram members rammed a car packed with explosives into the gates of the church on December 25, 2011.

My Pikin case

In March, a Federal High Court, Lagos wound up Barewa Pharmaceutical Ltd, the manufacturer of My Pikin baby teething mixture, which allegedly killed about 80 babies in 2008. Justice Okechukwu Okeke (now retired) sentenced two of the company’s employees to a total of 28 years’imprisonment. The firm, its Production Manager, Mr. Adeyemo Abiodun; and the Quality Assurance Manager, Egbele Eromosele, were convicted for conspiracy and selling of a dangerous drug. Justice Okeke sentenced Abiodun and Eromosele to seven years each for conspiracy to sell a dangerous drug and to another seven years for selling dangerous drug, but ordered that the sentences should run concurrently.

NIMASA vs NLNG case

After weeks of legal tussle, the Federal High Court, Lagos, in July entered a consent order in the dispute between the Nigerian Maritime Administration and Safety Agency (NIMASA) and the Nigeria LNG (NLNG) Limited.

Justice Mohammed Idris gave the verdict after parties informed him they had reached an amicable settlement in the meantime.

NLNG’s counsel, Olawale Akoni (SAN), withdrew the contempt proceedings against the Attorney-General of the Federation Mohammed Adoke (SAN). The court subsequently struck out the contempt charge, and dismissed those of the other defendants, including the contempt charge against NIMASA, for being defective.

The letters, which formed the basis of the judgment were dated July 5 and July 12, this year. NLNG and NIMASA agreed that the agency would immediately revoke the detention order of NLNG vessels and release them, subject to NLNG making the payments to NIMASA. NLNG owed NIMASA a total USD158million. The firm had paid $20million out of the debt.

Supreme Court acquittal of Bode George, others

The Supreme Court set aside the Lagos State High Court judgment that jailed former chairman of the board of Nigerian Ports Authority, Chief Olabode George and five former members. The five directors of the NPA whose sentensing were also quashed are Aminu Dabo, Captain Oluwasegun Abidoye, Alhaji Abdullahi Tafida, Alhaji Zanna Maidaribe and Sule Aliyu, an engineer. The apex court discharged and acquitted them of corruption, inflation and splitting of contracts, for which they had been convicted after prosecution by the anti-graft agency. George, a Peoples Democratic Party (PDP) chieftain, was the NPA chairman between 2001 and 2003 when the alleged offences were said to have been committed.

PDP sues over lawmakers’ defection

The People’s Democratic Party (PDP) and its Chairman, Bamanga Tukur, faulted the decision of its 37 members in the House of Representatives to defect to the opposition All Progressives Congress (APC) despite an order by the Federal High Court that parties to the suit by the lawmakers maintain status quo. In an application, the PDP prayed the court for an order declaring the defection on December 18, 2013, by 37 of the plaintiffs from the PDP to ACP as null and void and contrary to the order of the court made on December 17. It is also praying for a mandatory order of the court directing the 37 legislators to revert to the status quo, pending the hearing of the plaintiffs’ motion on notice for interlocutory injunction. Hearing in the case has been fixed for January 22, 2014.

Iranian, Nigerian accomplice jailed

For importing 13-container-load of arms and ammunition into Nigeria without licence, an Iranian Azim Aghajani and his Nigerian accomplice Ali Jega were sentenced to 17 years in jail in April. Justice Okeke found them guilty of four out of five counts of illegal importation of the arms. He sentenced them to five years’ imprisonment on the first count, two years on the third count and five years each on the fourth and fifth counts.

The jails terms will run concurrently, beginning from February 1, 2011, when they were first arraigned. The judge ordered that the arms and ammunition be forfeited to the Federal Government.

Suits over Ojukwu’s property

Several actions and counter suits were filed by members of the late Ikemba Nnewi, Chukwuemeka Odumegwu-Ojukwu Ojukwu family the Lagos State High Court and the Federal High Court.

In one of them, Ojukwu Transport Limited filed two suits against Mrs Bianca Ojukwu and others, demanding N280 million over some properties located in Ikoyi. In another suit, two children of the late Ikemba Nnewi, Afamefuna and Nwachukwu, sued the company and and seven others over some property located in Ikoyi and Yaba, Lagos. The claimants sought a declaration that they are entitled to the possession and occupation of a property located on 29 Oyinkan Abayomi Drive (formerly Queens Drive), Ikoyi until the harmonisation of the management and administration of the first defendant’s assets.

Aribisala sues over withdrawal of SAN

A lawyer, Chief Ajibola Aribisala, whose rank of Senior Advocate of Nigeria (SAN) was withdrawn on February 26, sued the Legal Practitioners Privileges Committee (LPPC) and Fidelity Bank Plc at the Lagos State High Court, Igbosere. He sought an order setting aside, or nullifying his suspension from the use of SAN with its accompanying privileges.

The decision to withdraw the rank was taken by the LPPC, headed by the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar. Aribisala asked for an order of interlocutory injunction restraining LPPC either by itself or its agents from hearing, considering or taking any step with respect to a petition by Fidelity, dated May 15, last year, pending the determination of the substantive suit.

Nnamani’s case

All through the year, the trial of former Enugu State Governor Dr Chimaroke Nnamani never took off. It made headlines when the trial judge ruled that he could travel whenever he wanted. He was said to still be abroad despite a directive that he must report in court to face trial for alleged money laundering at the Federal High Court, Lagos. The Economic and Financial Crimes Commission (EFCC) re-arraigned Nnamani and others before Justice Yinusa on 105 counts of money laundering and economic crimes involving about N4.5billion of state funds.

Arraignment of 17 Boko Haram suspects

Lagos State Government arraigned 17 alleged members of the Boko Haram sect at the Federal High Court, Lagos. The suspects were charged with eight counts of belonging to the proscribed organisation and for being in possession of explosives and dangerous weapons.

The government said they conspired among themselves “to commit felony, to with: acts of terrorism” by having in their possession explosive substances, including three packets of explosive construction pipes and 15 detonators. The court has ruled their trial will be held behind closed doors.

Omehia vs Amaechi

The Peoples Democratic Party (PDP) opposed the bid of the Rivers State Governor, Rotimi Amaechi, to get the Supreme Court to set aside a Court of Appeal ruling which joined his predecessor, Celestine Omehia, as an interested party in a suit concerning his tenure in office.

After listening to the submissions of various parties in the appeal, a panel of justices of the Supreme Court fixed February 7, 2014, to deliver its judgment. The subject of the suit is whether Amaechi’s tenure started on May 29, 2007, when Omehia was inaugurated, or on October 2007, when the governor was sworn-in after Omehia’s removal by a decision of the Supreme Court.

PDP versus five defecting governors

The Peoples Democratic Party (PDP) asked an Abuja Federal High Court to sack the five governors who defected to the All Progressives Congress. The governors are Alhaji Murtala Nyako (Adamawa), Rotimi Amaechi (Rivers), Aliyu Wamakko (Sokoto), Rabiu Kwankwaso (Kano) and Abdulfatai Ahmed (Kwara). PDP argued that the governors should be sacked from office on the ground that, because of their defection, they have forfeited their offices, which, as a result, have reverted to the party.

ThisDay bomber jailed

Mustapha Umar, the Boko Haram member, who bombed a plaza housing the offices of some newspapers in Kaduna in April, last year, was convicted and sentenced to life imprisonment with hard labour by an Abuja Federal High Court. Three persons lost their lives in the bomb attack in the premises of SOJ Plaza, located at R9, Kontagora Road, by Ahmadu Bello Way, Kaduna, which is occupied by Thisday, The Moment and The Sun newspapers.

Alleged kidnap kingpin Kelvin remanded

An Abuja Chief Magistrate, Usman Ahmed Shuaibu ordered that alleged kidnap kingpin Kelvin Eziegbe, Frank Azuekoh and Haruna Momoh be remanded in the custody of the Department of the State Security Services (DSSS), pending the conclusion of investigations into the alleged crime against them. The charge against him read: “That between February 2, 2012 and September 24, 2013 at Kokori, Asaba, Warri, Port Harcourt and Benin City, in Delta, Rivers and Edo states and on the Benin-Abuja road, Abuja FCT, you Kelvin Eziegbe, Frank Azuekoh and Haruna Momoh conspired with Rufus Ovwigho, Ese Oghenerojakor and others now at large to kidnap for ransom Mike Ozekhome (SAN), Chudi Nwike (Dr), Hope Eghagha (Prof) and many others.”

Fred Ajudua’s case

Lagos socialite, Mr. Fred Ajudua will be arraigned at a Lagos High Court, Ikeja presided by Justice Oluwatoyin Ipaye on February 12, next year for allegedly defrauding a former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi, of about $8.395million. In another development, Ajudua and co-accused, Charles Hijiudu, are also before the court for allegedly defrauding two Dutch businessmen – Mr. Remy Cina and Pierre Vijgen – of about $1.69million between July 1999 and September 2000.

Ajudua’s counsel, Mr. Olalekan Ojo, filed the fresh bail application before a vacation judge, Justice Ganiyu Safari in September, this year, but was denied bail. He had earlier been denied bail by Justice Olubunmi Oyewole on June 27, this year. He had ruled that Ajudua had failed to present convincing materials to back his claim that he would not escape trial after doing so for seven years when he was earlier granted bail in 2005.

Francis Atuche case

The trial of the former Managing Director of the defunct Bank PHB, Mr. Francis Atuche, is one that would continue to make headlines. He had two different charges preferred against him by the Economic and Financial Crimes Commission (EFCC). In one of the cases, he is standing trial alongside his wife, Elizabeth and a former Chief Financial Officer of the bank, Ugo Anyanwu, over the alleged N25.7 billion theft charged preferred them by the Commission before Justice Lateefat Okunnu of a Lagos High Court, Ikeja. In the second matter, Atuche is standing trial alongside a former director of Bank PHB, Funmi Ademosun, for allegedly stealing N4.2 billion belonging to Caverton Helicopters Ltd in September 2007 before Justice Adeniyi Onigbanjo of a Lagos High Court, Ikeja.

Erastus Akingbola case

The former Managing Director of Intercontinental Bank Plc, Mr Erastus Akingbola, is to be re-arraigned before Lagos High Court, Ikeja, presided by Justice Lateef Lawal-Akapo on March 24, next year. The EFCC had charged Akingbola and an associate Bayo Dada to court for allegedly stealing N47.1 billion belonging to the defunct Intercontinental Bank Plc. They are to face a 22-count charge of stealing and obtaining money by false pretences. The duo were earlier arraigned on May 31, 2011 before Justice Habeeb Abiru, at the Lagos High Court, Ikeja. Abiru was about to deliver judgment on the matter before he was elevated to the Court of Appeal. The matter was later re- assigned to Justice Adeniyi Onigbanjo and the defendants were re-arraigned on February 26, 2013. Their case file was again transferred to Justice Lawal-Akapo following the recent changes in the Lagos Judiciary that moved Justice Onigbanjo to the Commercial Division of the Court.

Wale Babalakin case

The trial of the Chairman of Bi-Courtney Limited, Chief Olawale Babalakin (SAN) for alleged money laundering made headlines and would continue at the Lagos High Court Ikeja presided by Justice Lateef Lawal-Akapo on January 20, next year. Babalakin was first arraigned before Justice Adeniyi Onigbanjo who was later moved to the Commercial Division of the High Court from the Criminal Division. The EFCC had arraigned Babalakin alongside four others, including Alex Okoh, Stabilini Vision Limited, his company Bi-Courtney Limited and Renix Nigeria Limited for fraudulently transferring N4.7billion out of the country on behalf of the convicted former governor of Delta State, James Ibori, an allegation they denied.

Cynthia’s murder trial

The trial of the four suspects who alleged killed Cynthia Osokogu will continue before Justice Olabisi Akinlade of a Lagos High Court, Igbosere as from January 13, next year. The defendants – Okwumo Nwabufo 33; Olisaeloka Ezike, 23; Orji Osita, 33; and Ezike Nonso, 25 – are being tried by the Lagos State Government. They allegedly chained and strangled Cynthia Osokogu, whom they met on face book, a popular social media, to death.

Cynthia, a 25-year-old student, businesswoman and daughter of Major-General Frank Osokogu (rtd), was lured to Lagos ostensibly to purchase ladies’ wears for her boutique, but was drugged, raped and strangled to death in a room at the Cosmilla Hotel at Lakeview Estate Phase 1, Amuwo Odofin, FESTAC, Lagos, on July 22, last year.

At the last hearing November 20, this year, two of the four defendants standing trial on Cynthia’s murder case appeared as witnesses at the court.

The first defendant Mr.Echezona Nwabufo Okwumo while being led in evidence by his counsel Mr. Victor Okpara admitted to know the deceased Miss Osogogu. He said she was his girlfriend and they have known each other for about one year before the incident.

Under cross examination by the Lagos State Attorney-General, Mr. Ade Ipaye, the first defendant also confirmed that the hand writing and the signature on the confessional statement were his.

The second defendant Mr.Olisaeloka Ezike Chidera said he was arrested at Nnewi, Anambra State and brought to FESTAC Police Station. He said he led the police to arrest Echezona at his FESTAC resident.

When he was shown the CCTV Footage, he confirmed that the picture was taken at Cosmilla Hotel.

Female banker’s murder trial

Justice Lateefat Okunnun of a Lagos High Court, Ikeja will next year deliver judgment in the murder trial preferred against Akolade Arowolo, who allegedly killed his banker wife, Titilayo Omozoje. The trial judge is expected to fix a date soon for the delivery of her judgment on the matter, the prosecution led by the Lagos State Director of Public Prosecution (DPP), Mrs. Olabisi Ogungbesan having closed her testimony and Arowolo, his defence. Arowolo, a jobless graduate, had been arraigned before the court on a one count of murder of his wife, Titilayo, a staff member of Skye Bank Plc at their 8 Akindehinde Street, Isolo, a suburb of Lagos, on Saturday, June 24,2011.The DPP, Mrs. Ogungbesan had alleged that the defendant killed his wife by stabbing her several times in the chest and the stomach. Foremost pathologist, Prof. John Obafunwa, had asserted in his testimony that Titilayo was stabbed 76 times, saying it was not possible for a human being to inflict such wounds on oneself. But Arowolo, in his defence, had insisted that his wife stabbed herself to death. While being cross-examined by the Director of Public Prosecutions, Mrs. Olabisi Ogungbesan, he said that contrary to public opinion, the deceased stabbed herself to death.

Fuel subsidy tragedy

The trial of the dismissed Divisional Police Officer of Yaya-Abatan Police Station, Segun Fabunmi, who allegedly killed Adedamola Daramola Abe at Ogba, Ikeja during the protest against removal of fuel subsidy in January, last year will continue before Justice Olabisi Akinlade at a Lagos High Court this year. The former DPO was also charged to court for inflicting grievous bodily harm on Abubakar and two other protesters, Egbujor Samuel and Chibuzo Udo Two prosecution witnesses, Adekunle Alabi and Alimi Abubakar, told the Lagos State High Court sitting in Ikeja how Segun Fabunmi, how the dismissed Divisional Police Officer, accused of shooting protesters during anti fuel subsidy removal protest of January 9, last year, snatched the gun of one of his colleagues to shoot protesters.

Fuel subsidy fraud trial

The EFCC will on February 20, next year continue with the trial of Abdullahi Alao, son of a prominent Ibadan-based businessman, Alhaji Abdullazeez Arisekola-Alao, over alleged N1.1 billion fuel subsidy fraud before a lagos High court presided by Justice Lateefat Okunnu. Abdullahi Alao, was arraigned by the EFCC, alongside two other oil marketers, Opeyemi Ajuyah and Olarenwaju Olalusi, and their companies, Majope Investment Limited and Axenergy Limited. They are facing an eight-count charge bordering on conspiracy, obtaining money by false pretences, forgery, uttering and use of false documents. At the last hearing, the court dismissed Alao’s application in which he sought the court’s nod to quash the alleged N1.1 billion fuel subsidy fraud charge preferred against him by the commission.

Tukur’s son

Formal trial of Mahmud, son of Chairman of the Peoples Democratic Party (PDP), Alhaji Bamanga Tukur, and others charged for alleged N1.8billion fuel subsidy fraud will begin next year before a Lagos High Court in Ikeja presided by Justice Lawal-Akapo. Others, who were re-arraigned alongside Mahmud by the EFCC included Alex Ochonogor, their firm, Eterna Plc; and Abdullahi Alao, who is a son of Ibadan-based businessman, Abdulazeez Arisekola-Alao on a nine-count charge of subsidy fraud. The accused persons were initially arraigned before Justice Adeniyi Onigbanjo on July 26, 2012 before his transfer out of the Criminal Division of the Lagos State Judiciary. After the defendants took their plea, Justice Lawal-Akapo ruled that the accused be allowed to continue enjoying the earlier bail granted them by Justice Onigbanjo.