metro

UPDATED: Appeal Court sets aside N20b damages awarded Igboho

Published

2 years ago

August 31, 2022

Chief Sunday Adeyemo, aka Sunday Igboho

The Court of Appeal sitting in Ibadan has set aside the judgement of an Oyo State High Court, which awarded N20 billion damages to Yoruba self-determination activist, Chief Sunday Adeyemo, aka Sunday Igboho.

Delivering judgement in the appeal filed by the Attorney General of the Federation, Department of State Services and Director, Department of State Services in Oyo State, against the judgement of the Oyo State High Court, Justice Muslim Hassan held that Justice Ladiran Akintola, acted on the wrong principles of law in awarding the cost to Igboho.

The Nation reports that Justice Akintola on September 17, 2021, awarded N20billion as damages against the Attorney General of the Federation, Abubakar Malami, and the Department of State Services (DSS) over the invasion of Igboho’s Soka Ibadan residence, on July 1.

But Justice Hassan held that the judgement of the lower court was not supported by any evidence, but by two affidavits.

He said Justice Akintola cannot assess damages using his own conceived parameters, adding that there was no evidence that quoted the value of damages at Igboho’s residence.

READ ALSO:

Justice Hassan also held that there was no evidence including autopsy to support the claim that two people were killed at the activist’s residence during the invasion.

According to the judge, the lower court assumed jurisdiction of the case to look at the enforcement of fundamental human rights suit filed by Igboho without looking at the merit of the case.

He said the court should not have assumed jurisdiction of the case without looking at its merit.

The judge added that the case did not qualify under the enforcement of human rights because there is a threat to national security.

“When there is a threat to national security, the enforcement of fundamental right is secondary. I have read the judgement of the lower court and the Article 20:1 of the African Charter on self determination and Article 3 and 4 of the United Nations Charter on rights of the indigenous people which the judgement was based upon. A statute cannot be treated in isolation.

“When considering a statute, entire provision should be considered and not a section. The same charter talks about the sovereignty of a nation. Neglecting Article 27, 28, 29 of the African charter will not give proper interpretation to it.

“Article 3 and 4 of the United Nations charter have not been domesticated in Nigeria. No international treaty shall have a force of law without being treated by the National Assembly; and international treaty does not become binding unless enacted into law by the National Assembly.

“Therefore, the United Nations declaration is not enforceable in Nigeria. The judge acted on wrong principles of law and the action of the respondent constitute a threat to unity of Nigeria. The respondent has no right to take up arms against Nigeria,” Justice Hassan held.

The appellants filed six grounds of appeal.

READ ALSO:

They want the court to determine “if the trial judge was right to determine the issue of fundamental human right;

“If the trial judge was right to assume jurisdiction of the case against a Federal Government agency;

“If the originating motion of the respondent was competent;

“If the respondent was right to take up arms against the government in his quest for self determination;

“If the trial judge was right to enter judgement in favour of the respondent;

“And if the trial judge was right to award damages to the respondent.”

Justice Hassan resolved issues 1,4,5 and 6 in the applicants favour and resolved issues 2 and 3 in favour of the respondent.

The judge subsequently held that the lower court lacked the jurisdiction to entertain the suit and set the judgement aside.

He also said respective parties in the case should bear their costs.

Reacting to the judgment, the legal head of DSS in Oyo State, Barr. Nurudeen Abdulrahman, said the judgement affirmed the position of 1999 constitution.

Counsel to Igboho, Chief Yomi Alliyu (SAN) also commended the judge for a well considered judgement.

Efforts to react the Spokesman of the Yoruba Activist for his reaction on the judgement was futile as at the time of this report.

The Nation

Related Topics:Appeal Court damages Featured Igboho

Up Next

Insecurity: Masari Procures 10 New APCs For Security Agencies

Don't Miss

One dead, many trapped in Kano three-storey building collapse

metro

BREAKING: FEC proposes N47.9 trillion budget for 2025 fiscal year

Published

4 mins ago

November 14, 2024

Trends Admin

BREAKING: FEC proposes N47.9 trillion budget for 2025 fiscal year

The federal government has unveiled a proposed budget of N47.9 trillion for the 2025 fiscal year.

Atiku Bagudu, Minister of Budget and Economic Planning, disclosed this to journalists on Thursday following the Federal Executive Council (FEC) meeting chaired by President Bola Tinubu.

Bagudu revealed that the council had approved the Medium-Term Expenditure Framework (MTEF) for 2025-2027.

READ ALSO:

According to the minister, the government has pegged the crude oil benchmark at $75 per barrel, with an oil production target of 2.06 million barrels per day (bpd).

The budget also sets the exchange rate at N1,400 per dollar and aims for a gross domestic product (GDP) growth rate of 6.4%.

BREAKING: FEC proposes N47.9 trillion budget for 2025 fiscal year

metro

EFCC arrests ex-NCMB boss over $35m energy project fraud

Published

14 mins ago

November 14, 2024

Trends Admin

EFCC arrests ex-NCMB boss over $35m energy project fraud

The Economic and Financial Crimes Commission (EFCC) told FIJ that they have arrested Timber Wabote, the former executive secretary of the Nigerian Content Development and Monitoring Board (NCMB), on the grounds of a failed $35 million Bayelsa refinery project fraud.

Dele Oyewale, the EFCC’s spokesperson, confirmed this to FIJ on Thursday.

“It is true,” Oyewale responded to FIJ’s inquiries.

Wabote is accused of misappropriating public funds for a refinery project that should have improved local energy production.

Vanguard reported that the NCDMB under Wabote paid $35 million to support the development of energy infrastructure in the Brass Local Government Area of Bayelsa, yet there was nothing to show for it.

The EFCC picked Wabote up following the arrest of Akintoye Adeoye Akindele, the Managing Director of Atlantic International Refinery and Petrochemical Limited, for alleged misappropriation, money laundering and diversion of $35 million in public funds.

READ ALSO:

“NCDMB under the watch of Wabote allegedly paid the $35 million to Akindele to build a 2,000 barrel per day (BPD), refinery, jetty, gas plant, power plant, data centre and tank farm at Brass free trade zone (FTZ), Okpoama Community in Brass LGA of Bayelsa State,” a source with the EFCC had explained.

Since December 2020 when the payments were made, Akindele abandoned the project with little or nothing to show for the huge sum he received.

Preliminary investigations showed that Wabote’s NCDMB financed 17 different projects, including the 2,000 BPD refinery in Brass LGA.

There has been a series of public fund misappropriation cases in the energy sector in recent times.

FIJ earlier reported that members of the House of Representatives summoned three ministers to defend how over $2 billion was spent on renewable energy with not much to show for it.

A recent FIJ report also recently detailed how residents of Yenagoa, the capital of Bayelsa, have not had power in their homes since July due to the vandalisation of the Ahoada-Yenagoa transmission towers caused by unidentified persons.

The Bayelsa state government told FIJ it was the federal government’s responsibility to provide electricity for residents. The state has no renewable energy options reliable enough to power its capital despite the multi-million-dollar NCMB energy project.

Transparency in the energy sector has become necessary at a time when Nigerians have suffered power instability due to frequent grid collapses.

EFCC arrests ex-NCMB boss over $35m energy project fraud

metro

Court adjourns Yahaya Bello’s trial till Nov 27

Published

39 mins ago

November 14, 2024

Trends Admin

Yahaya Bello

Court adjourns Yahaya Bello’s trial till Nov 27

The Economic and Financial Crimes Commission (EFCC) has requested an adjournment in the new case against the immediate past Governor of Kogi State, Yahaya Bello, stating that the 30-day window for the previously issued summons is still active.

The commission has granted administrative bail to his co-defendants, Umar Oricha and Abdulsalami Hudu, and asked the court for an extension of time for Bello to appear.

At the resumed hearing before Justice Maryann Anenih of the Federal Capital Territory High Court, Abuja, EFCC Counsel Jamiu Agoro noted that the court’s order from October 3rd had not yet expired.

“In that wise, we feel it will not be appropriate for us to take proceedings while that 30 days is still running. So we have discussed and agreed to come back on the 27th day of November, 2024, my lord,” he told the court.

READ ALSO:

He also mentioned that the previously set date of November 20th was not convenient for the prosecution counsels.

Counsel to the second defendant, Aliyu Saiki, SAN, confirmed that his client had been granted administrative bail by the prosecution and had no objection to the adjournment request. The third defendant’s counsel, ZE Abass, concurred.

The prosecution counsel also requested the court to allow the notice of hearing to be pasted on the last known address of the first defendant.

After hearing from all counsels, the judge granted the EFCC’s application for adjournment and the issuance of the hearing notice.

“I have considered the application for adjournment by the complainant and issuance of hearing notice and the submission by the second and third defendants. The application is granted,” she said.

Justice Anenih then adjourned the case to November 27th for arraignment.

The former governor, alongside Umar Oricha and Abdulsalami Hudu, are being prosecuted as 1st to 3rd defendants, respectively, in a fresh 16-count charge instituted against them by the EFCC.