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N3.4bn debt: Court blocks Oyo State Govt’s accounts in four banks

Published

1 year ago

March 28, 2023

Governor of Oyo State, Engr. Seyi Makinde

A High Court of the Federal Capital Territory (FCT), Abuja has issued an order attaching funds standing to the credit of Oyo State Government and its agencies in four banks.

Justice A. O. Ebong issued the order while ruling on a motion ex-parte for garnishee order nisi filed by the ex-chairmen and councillors led by Bashorun Majeed, Bosun Ajuwon and Idris Okusesi.

The News Agency of Nigeria (NAN) reports that the affected banks are First Bank, United Bank for Africa (UBA), Wema Bank and Zenith Bank.

Justice Ebong ordered the banks to show cause why the order nisi should not be made absolute.

The ruling on the motion marked: FCT/HC/BW/M/238/2023, was delivered by the judge on March 2 and a certified true copy (CTC) sighted on Sunday in Abuja.

The funds, according to court filings, are to settle the outstanding balance of N3,374,889,425.60 from the judgment debt owed some former Local Government chairmen and councillors sacked on May 29, 2019 before the end of their tenure by Gov. Seyi Makinde of Oyo State.

The garnishee proceeding, initiated for the chairmen and councillors by their lawyer, Musibau Adetunbi, SAN, is in execution of a judgment they got against the governor and six others from the Supreme Court on May 7, 2021.

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The ruling reads: “A garnishee order nisi is hereby granted to attach the judgment debtors’ accounts with garnishees Nos. 1 to 4 in the motion ex-parte, for the purpose of settling the judgment debt outstanding in the sum of N3,374,889,425.60 as awarded by the Supreme Court and conceded by the judgment debtors in Exhibit 11 attached to the applicant’s motion.

“The garnishees (1st to 4th) shall file affidavits and attend court on the next adjourned date to show cause why the order nisi should not be made absolute.

“A copy of this order nisi shall be served on the judgment debtors as required by law. This matter is hereby adjourned to the 4/4/2023 for continuation.”

It was gathered that the judgment creditors have since effected service of copies of the order on the judgment debtors as ordered by the court.

Listed as judgment debtor with the Oyo State Governor are the state’s Attorney General, the Commissioner for Local Government and Chieftaincy Affairs, the Accountant General, the House of Assembly, it’s Speaker and the Oyo State Independent Electoral Commission (OYSIEC).

The ex-Chairmen and Councillors were elected in the election conducted by OYSIEC on March 12, 2018 for a three-year term.

Upon learning that Makinde, who took office on May 29, 2019 had planned to sacked them, the Chairmen and Councillors sued before the High Court of Oyo State to challenge the constitutionality of Sections 11 and 12 of the Oyo State Local Government Law 2001, which empowered the governor and the House of Assembly to dissolve LG executives in the state.

In its judgment on May 6, 2019 the Oyo State High Court declared Sections 11 and 12 of the state’s Local Government Law 2001 as unconstitutional, on the grounds that it violated Section 7(1) of the Constitution.

Despite the subsistence of the judgment, Makinde sacked the Chairmen and Councillors on May 29, 2019 and subsequently appealed the judgment.

The Court of Appeal, in its judgment on July 15, 2020 set aside the judgment of the High Court, a decision the affected Chairmen and Councillors appealed at the Supreme Court.

In its judgment on May 7, 2021 a five-member panel of the apex court, presided over by Justice Kudirat Kekere-Ekun, allowed the appeal marked: SC/CV/556/2020 and set aside the decision of the Court of Appeal.

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The apex court, which awarded a cost of N20 million against Makinde, ordered that the ex-Chairmen and Councillors, who were unlawfully sacked by the governor, be paid their salaries and allowances from May 29, 2019 to May 11, 2021 when their tenure ought to have expired.

In the lead judgment by Justice Ejembi Eko, the Supreme Court came down hard on Makinde, who it found, acted arbitrarily and undemocratic.

Justice Eko said: “I will not conclude this appeal without commenting on the disturbing ugly face of impunity displayed by the Governor of Oyo State (1st respondent herein) on 29th May, 2019, tantamounting to executive lawlessness, outrightly and vehemently condemned by this court in the case of the Military Governor of Lagos State v. Ojukwu.”

He noted that, even before appealing the High Court judgment, Makinde on May 29, 2019 “issued imperial directives dissolving all democratically elected local Government Councils in Oyo State in spite of the subsisting judgment of Oyo State High Court in the suit No. 1/347/2017.

“Series of applications were filed by the judgment creditors, the present appellants, to restrain, particularly the 1st respondent (the Governor), from embarking on the self-help designed to contemptuously frustrate the judgment of the High Court.

“He was not dissuaded. He proceeded in his imperial omnipotency to continue in his untrammelled, albeit invidious contemptuous, disregard of subsisting judgment of the High Court.

“It is unthinkable that a democratically elected governor would embark on these unwholesome undemocratic tendencies. These tendencies no doubt endanger democracy and the rule of law. .

“It is almost becoming universal phenomena that the democratically elected Governors have constituted themselves into a specie most dangerous to democracy in this country.

“They disdainfully disregard and disrupt democratically elected Local Government Councils and appoint their lackeys as caretaker committee’s to run affairs of Local Governments,” Justice Eko said.(NAN)

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We need $10bn annually for five years to revive power sector – Minister

Published

6 mins ago

April 30, 2024

Trends Admin

We need $10bn annually for five years to revive power sector – Minister

A total of $10 billion is needed yearly in the next 10 years to revive the nation’s power sector, Minister of Power, Adebayo Adelabu, has said.

He said this when he appeared before the Senate Committee on Power for investigative hearing over the recent electricity tariff hike by the Nigerian Electricity Regulatory Commission (NERC).

The minister said, “For this sector to be revived, government need to spend nothing less than 10 billion dollars annually in the next 10 years.

“This is because of the infrastructure requirement for the stability of the sector.

“But government can not afford that. And so we must make this sector attractive to investors and to lenders.

“So for us to attract investors and investment, we must make the sector attractive, and the only way it can be made attractive is that there must be commercial pricing.

“If the value is still at N66 and government is not paying subsidy, the investors will not come. But now that we have increased tariff for a Band, there are interests being shown by investors.”

He urged the lawmakers to support the process of paying the debt owed operators across the value chain of generation, transmission and distribution.

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Woman arrested in Ogun after husband commits suicide

Published

3 hours ago

April 30, 2024

Trends Admin

Woman arrested in Ogun after husband commits suicide

In Ogun State, one Opeyemi Lateef has died after he ingested a poisonous substance suspected to be ‘Sniper’, the police have said.

The deceased was said to have been found by his wife, Gift Monday, rolling on the floor writhing in severe pain while he was pointing to a bottle on the floor.

The incident happened on Wednesday in the Abeokuta Area of the State.

The deceased was reportedly rushed to Royal Grace Hospital at Soyoye Rounder, Abeokuta, for medical care but was later move to the General Hospital in Ijaye, Abeokuta, the Ogun State capital, after it was discovered that his health continued to deteriorate.

According to Punch, he died in the latter hospital and buried at his family house in Abule Otun Lafenwa, Abeokuta, according to Islamic burial rites.

Meanwhile, the deceased wife is in police custody over the death of her husband.

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The spokesperson for the Ogun State Police Command, Omolola Odutola, confirmed the incident.

He said an investigation and interrogation were ongoing, and that the deceased’s wife was in their custody in connection with the case.

She said, “On 24/4/2024, at about 08.00 hrs, one Funmilayo Lateef, ‘F’, of Abule Otun reported at the station that she received a phone call from one Gift Monday, ‘F’, her brother’s wife, that her brother now deceased, Opeyemi Lateef ‘M’, drank Sniper.

“He was rushed to Royal Grace Hospital at Soyoye Rounder, Abeokuta, for medical treatment. On getting to the hospital, she found her brother admitted, and he was not responding to treatment; his condition was critical.

“Hence, the doctor referred him to the General Hospital Ijaye at Abeokuta. She stated further that it was at the General Hospital in Ijaye, Abeokuta, that he was confirmed dead. His corpse was brought home according to Islamic rites to Abule Otun at Lafenwa, Abeokuta, their family house.”

Odutola noted that the investigation and interrogation had started, as three witnesses had made statements about the deceased, pointing to the Sniper bottle when asked what was wrong with him and when they saw him in pain

Woman arrested in Ogun after husband commits suicide

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Ex-Kwara finance commissioner arraigned over alleged N1. 22bn fraud

Published

4 hours ago

April 30, 2024

Trends Admin

Ex-Kwara finance commissioner arraigned over alleged N1. 22bn fraud

On Monday, the Ilorin Zonal Command of the Economic and Financial Crimes Commission (EFCC) arraigned Ademola Banu, a former commissioner for Finance in Kwara State, before Justice Evelyn Anyadike of the Federal High Court sitting in Ilorin, for alleged money laundering and misappropriation of state funds worth N1.22 billion.

The defendant was accused to have, among other things, conspired to siphon the abovementioned sum under the administration of Governor Abdulfatah Ahmed between May 2011 and May 2019 when he was the Commissioner for Finance.

Banu was to be arraigned alongside his former principal, former Governor Abdulfatah Ahmed on February 23, 2024, but when the case came up, he was absent in court and had no legal representation, prompting the court to issue a bench warrant against him upon the application by counsel to the EFCC, Rotimi Jacobs (SAN).

The court on the said date took the plea of the former Governor Ahmed on the 12-count charge preferred against him and his finance commissioner by the EFCC and adjourned till Monday, April 29, 2024, while ordering the prosecution to produce Banu for trial.

At the resumed sitting on Monday, the two defendants – Abdulfatah Ahmed and Ademola Banu, who were listed as first and second defendants, were present in court.

When the case was called, A. A. Ajibade, SAN announced appearance for Ahmed, Gboyega Oyewole (SAN) appeared for Banu, while the prosecution team was led by Rotimi Jacobs (SAN).

Jacobs informed the court that the second defendant, who was unavailable at the last sitting when his co-accused was arraigned, was finally in court to take his plea.

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“My Lord, at the last adjournment, the first defendant (Governor Abdulfatah) took his plea, but the second defendant (Banu) was not available in court that day, causing your Lordship to issue a bench warrant against him.

“Following the order of the court, counsel to the second defendant called me and explained that he would produce his client before the court today (Monday), which he has done. I pray the court to allow the charge to be read to him,” Jacobs said.

In response, Banu’s counsel, Oyewole, prayed the court to discharge the bench warrant earlier issued against his client, which Jacobs did not oppose.

In a short ruling, Justice Anyadike vacated the bench warrant against the second defendant, setting the stage for his arraignment. Therefore, he was ordered to enter the dock to take his plea.

The defendant pleaded not guilty to the charge when it was read to him.

Following his plea, his counsel, Oyewole, moved a motion for the bail of his client.

He prayed the court to grant the application on liberal terms, citing the medical conditions of the client as reasons.

Jacobs, however, did not oppose the application in view of the earlier ruling.

Justice Anyadike admitted the second defendant to bail in the sum of N20m with two sureties in like sum, who must have landed property within the jurisdiction of the court.

The judge ordered that the sum of N5m must be paid as bond into the litigation account of the Federal High Court by the defendant, which will be returned to him after the final determination of the case or forfeited to the federal government in the event the defendant jump bail.

The judge also ordered the defendant to deposit his international passport with the court, adding that the defendant must not travel without the permission of the court, but may apply to get it on medical reasons if the need arise.

Thereafter, the judge ordered the defendant to be remanded in the custody of the EFCC pending the perfection of his bail conditions.

The case was eventually adjourned to June 25 and 26, 2024, for trial.