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S’Court Reserves Ruling In Union Bank’s Suit Against $15bn Judgment Debt …Queries Prosecutor’s Authority To Try Convicted Ex-Pension Director

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The Supreme Court, yesterday, in Abuja, reserved ruling on a motion by Union Bank Plc seeking among others, leave to appeal against a June 5, 2018 judgment of the Court of Appeal in which the bank and three others were ordered to pay an oil and gas firm – Petro Union Limited – about $15billion.
A five-member panel of the apex court, led by Justice Musa Dattijo Muhammad, after listening to arguments by lawyers to parties, said they would be informed when the ruling was ready.
Union Bank’s lawyer, Adegboyega Awomolo (SAN) while arguing the motion, said it contains nine reliefs, among which was an order for leave for extension of time to file appeal and another order for leave to appeal under Order 6 Rule 2(1) of the Supreme Court’s Rules.
Awomolo said his clients seek to raise fresh grounds of appeal and introduce new evidence necessary for a fair and just determination of the court.
He noted that it was strange that, while the judgments of the Federal High Court, Abuja (delivered on March 11, 2014) and the subsequent one by the Court of Appeal (which affirmed the Federal High Court judgment) were based on a £2.556b cheque alleged lodged in Union Bank by Petro Union, the said cheque was never tendered in court.
Awomolo said his client intends to show that Petro Union obtained both judgments by fraud.
He noted that Petro Union’s lawyer, Joe Gadzama (SAN) was only opposed to the grant of reliefs four and six out of the nine reliefs.
He urged the court to disregard the objection raised by Petro Union against his motion and prayed the court to grant his motion on the merit.
Olabisisi Soyebo (SAN) for the Central Bank of Nigeria (CBN) and Tijani Gazali (SAN) for the Attorney General of the Federation and Minister of Finance did not object to Union Bank’s motion.
Soyebo and Gazali, who said they did not file any process in relation to the motion, urged the court to grant it in view of the colossal amount involved and its possible implication on the nation’s economy.
Gadzama, in his response, said he vehemently opposed the motion factually and in law.
He urged the court to uphold the objection he raised and dismissed the motion on the grounds that Union Bank has not given valid and cogent reasons why leave should be granted it.
Earlier, the court finally resolved the dispute over who should represent Petro Union between Gazama and Onyechi Egwuonwu.
The court said, by its earlier ruling on July 6, 2021, it had found that Gadzama was the actual lawyer for Petro Union. It then barred Egwuonwu from further participating in the proceedings.
Petro Union had, in 1994 allegedly procured a cheque from a branch of Barclays Bank in the United Kingdom with a value of £2.556b wich it lodged in a Union Bank branch in Lagos under the pretext that the funds were to be used to construct three petrochemical refinery complexes and a bank in Nigeria.
On March 22, 2012, Petro Union sued at the Federal High Court, Abuja and sought, among others, an order of mandamus compelling the CBN, Union Bank of Nigeria Plc, Minister of Finance and the Attorney-General of the Federation to pay £2,556,000,000.00 to it.
In the suit, marked FHC/ABJ/M/104/2012 Petro Union claimed that the money was deposited with Union Bank in 1994n adding that Union Bank received £2,556,000,000.00 on its behalf and transferred £2,159,221,318.54 to the CBN while it retained £396,778,681.46 as commission.
The defendants – Union Bank, CBN, Minister of Finance and AGF – in their separate counter-affidavits, denied Petro Union’s claims.
But, in the March 11, 2014 judgment, Justice Adamu Abdu-Kafarati of the Federal High Court, Abuja (now late) held in favour of Petro Union and their directors against the defendants.
Justice Kafarati held, among others, that Union Bank was liable to Petro Union in the sum of £396,778,681.46 being the balance of Petro Union’s foreign capital which it supposedly deposited with the Bank in 1994 and that the CBN was liable to the oil firm for the sum of £2,159,221,318.54.
The liabilities were held by the court to be joint and several against all the four defendants – CBN, Union Bank, Minister of Finance and AGF.
Out of the four defendants, only Union Bank and the CBN appealed the judgment of the Federal High Court.
On June 5, 2018, the Court of Appeal, Abuja gave judgment in the appeal by Union Bank and upheld the judgment by Justice Kafarati.
It is yet to determine the appeal by the CBN.
Similarly, the Supreme Court, yesterday, demanded from the law firm of Rotimi Jacobs and Co the fiat issued to it by the Attorney General of the Federation (AGF) to prosecuted John Yakubu Yusufu, who was convicted for diverting N24billion.
Yusufu, a former Deputy Director in the Federal Civil Service Pension Office, who is serving his six-year sentence, appealed to the Supreme Court to have the 2018 judgment of the Court of Appeal, Abuja set aside.
At the mention of the case, yesterday, Theodore Maiyaki announced an appearance for the appellant.
When Oluwaleke Atolagbe (from the firm of Rotimi Jacobs & Co) announced appearance for the respondent (the Federal Republic of Nigeria), a member of the court’s five-justices panel, Justice Centus Nweze sought to know if he (Atolagbe) was from the office of the Attorney General of te Federation (AGF).
Atolagbe said he is a private lawyer from, whose firm was instructed by the Economic and Financial Crimes Commission (EFCC) to prosecute the case from the trial court.
Justice Nweze insisted that Atolagbe must present the fiat issued is firm by the AGF before further steps could be taken in the case.
When asked by the head of the panel, Justice Musa Dattijo Muhammad, if he has the fiat with him in court, Atolagbe said no, but that a letter from the EFCC, authorising his firm to prosecute the case, was in the office.
In a ruling, Justice Muhammad said, although the court sympathised with the appellant (who Maiyaki said was currently in a correctional facility), further proceedings in te case would be suspended pending when the respondent produces the fiat issue on which basis it prosecuted the case.
Justice Muhammad then adjourned January 27, 2022 at the instance of the respondent.
Justice Abubakar Talba of the High Court of the Feral Capital Territory (FCT) had, in a judgment on January 28, 2013 convicted Yusufu on a three-count charge to which he pleaded guilty following a plea bargain agreement with the prosecuting agency, the Economic and Financial Crimes Commission (EFCC).
Justice Talba had sentenced him to two years imprisonment on each count, with the option of N250,000 for each count, a decision the EFCC appealed.
In its judgment on March 21, 2018 the Appeal Court reversed the judgment of the High Court of the FCT and sentenced Yusufu to a cumulative six years imprisonment.
The appellate court then ordered to refund N22.9 billion to Federal Government’s coffers, a decision e appealed to the Supreme Court.
Although the Appeal Court’s judgment was given in 2018, Yusufu remained a free man until June 2020 when the EFCC arrest announced that its operatives arrested him in Gombe State.
He was later taken before Justice Hussein Baba-Yusuf of the High Court of the FCT, who on June 22, 2020 ordered him to be sent to prison to serve his sentence.

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Army Asks ICC, AI, Others To Take Action Against IPOB

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The Nigerian Army has asked Amnesty International (AI) and the International Criminal Court (ICC) to take “immediate action” and hold the outlawed Indigenous People of Biafra (IPOB) and its sponsor, Simon Ekpa, accountable for crime against civilians in the South East.

It said the international community must condemn the mistreatment “in the strongest terms” of an unarmed and law-abiding citizen by IPOB in the region.

The Army made the call in a statement by its spokesman, Maj-Gen Onyema Nwachukwu, yesterday, while reacting to a viral video that showed IPOB members torturing an ex-soldier of the Nigerian Army.

The statement read: “The Nigerian Army has taken serious note of a disturbing video circulating online, posted by the self-acclaimed Prime Minister of IPOB, Simon Ekpa. In the appalling footage, an ex-soldier, Corporal Toriola Adewale, who honourably retired from the Nigerian Army six years ago, was subjected to brutal torture by the so-called IPOB/ Biafra Liberation Army.

“He was also forced to deliver coerced messages to active military personnel, urging them to abdicate their constitutional responsibilities and abandon their duties. This defenceless citizen was further compelled to falsely claim he was treated well while being held captive.

“It must be unequivocally stated that the claim by IPOB and its terrorist leader that ex-corporal Toriola is still serving in the Nigerian Army is far from the truth. This outrageous propaganda by the IPOB terrorist group is undoubtedly an attempt to justify their savage mistreatment of an unarmed, law-abiding citizen who served his country meritoriously. Such dehumanizing acts must be condemned in the strongest terms by the international community.

“The Nigerian Army therefore urges all Nigerians to disregard this malicious video and stand united against the vile acts of terrorism perpetrated against Nigerians, and particularly, the good and law-abiding people of South East Nigeria by IPOB terrorists. It is no gainsaying that an overwhelming majority of Nigerians in the South East and across the nation have already rejected the criminal propaganda spread by IPOB.

“The savage treatment of innocent citizens like ex-corporal Toriola and other law-abiding Nigerians must not be treated with levity. We call on all relevant international organisations, including Amnesty International and the International Criminal Court, to take immediate action and hold Simon Ekpa and other IPOB terrorist elements accountable for these heinous crimes.”

According to the statement, the Army and other security agencies have recently intensified operations to fight terrorism and insurgency in the Southeast and other parts of the country.

It added, “The recent annihilation of key terrorist leaders in identified terrorists’ strongholds is indicative of this commitment.

“The villainous acts of terror by Simon Ekpa and his accomplices must come to an end, as justice will soon catch up with them. They can run, but they can’t hide forever.”

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281 Inmates Missing From Custodial Centre After Borno Flood 

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The Nigerian Correctional Service (NCS) has declared 281 inmates missing from the Medium Security Custodial Centre, Maiduguri, the Borno State capital.

The Service noted that this followed an evacuation process in the aftermath of the flood incident in the State, as seven inmates were returned to the centre.

NCS, in a statement by its spokesman, Umar Abubakar, in Abuja, yesterday, released the details of the inmates, including their biometrics.

Abubakar said, “The Nigerian Correctional Service has observed the flooding currently being experienced in Maiduguri, Borno State, and its environment.

“The unfortunate incident has left scars, bringing down the walls of the correctional facilities, including the Medium Security Custodial Centre, Maiduguri (MSCC), as well as the staff quarters in the City.

“Upon the evacuation of inmates by officers of the service with support from sister security agencies to a safe and secure facility, 281 inmates were observed to be missing.”

He, however, added that “it is important to note that the service is in the custody of their details, including their biometrics, which is being made available to the public below.

“The service is working in synergy with other security agencies as both covert and overt deployments have been activated to look out for them.

“Presently, a total of seven inmates have been recaptured and returned to custody, while efforts are on the ground to track down the rest and bring them back to safe custody.”

While this effort is on, the public is assured that the incidence does not impede or affect public safety.”

Recall that the Service’s spokesman had, in a statement last Tuesday, assured that the NCoS officials were working diligently to manage the flood incident that had affected the custodial centre.

Abubakar said, “As the agency responsible for the safekeeping of inmates, we want to assure the public that we are taking all necessary measures to ensure public safety, evacuate inmates to a safer facility, ensure smooth operations, and collaborate with sister security and relevant agencies in providing support and assistance to those affected.

“Contrary to initial reports, the officers and men of the command are working around the clock to ensure a smooth and secure transfer process.

“We appreciate the support and guidance from the Presidency and the Vice President’s visit to Maiduguri to assess the situation.”

According to the National Emergency Management Agency, more than 23,000 households have been hit by the rapid rise of water following the weekend rupture of the Alau Dam on the Ngadda River, 20km south of Maiduguri.

The flood began after the dam overflowed following heavy rains leading to the town’s worst flooding in 30 years, according to the United Nations Human Rights Refugee Council and Maiduguri Metropolitan Council residents.

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Parents Threaten Boycott Over 200% Hike In Lagos Boarding School 

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Parents of students in Lagos Model Colleges are demanding the reversal of a recent 200% increase in boarding fees, accusing the Lagos State Ministry of Education of corruption and insensitivity.

The Chairman of the Parents’ Forum of Lagos Model Colleges, Surv. Dapo Dawodu, raised the alarm on Saturday during the Forum’s meeting in Lagos.

The parents’ forum also threatened to keep their children at home until the fee hike is reversed.

The Tide reports that on Friday, 13th September, the Lagos State Government increased boarding fees in all secondary schools from N35,000 to N100,000 per term.

A letter to all boarding school principals, signed by the Director of Basic Education Services at the Lagos State Ministry of Basic and Secondary Education, Olufemi Asaolu, read: “I have the directive of the Honourable Commissioner to inform all public boarding schools in Lagos State that the State Government has approved the review of the boarding fee payable in all public boarding schools. The newly approved fee is N100,000 only.”

In response, the parents forum, in a letter, dated 14th September, titled “Re: Increment in Fees”, and addressed to parents, described the hike in boarding fees as mindless, provocative and offensive.

The letter partly read: “In the last 24 hours, we have witnessed an avalanche of disdain, anguish, and frustration at the mindless and provocative 200% increase in boarding fees for our children, imposed by the corrupt officers of the Lagos State Ministry of Education!

“It is unfortunate that the unbridled greed of these enemies of the good people of Lagos State (you, the parents) was facilitated by the ministry’s leadership.

“To put it clearly, the fee of N100,000 per term, when paid in a school of 1,000 students, translates to N100 million for the school principal to feed the children for just three months!

“Previously, the same exercise was carried out by the same principal for less than N35 million.

“In a school of 500 students, a principal now wants to spend N50 million for an exercise that used to cost below N17.5 million, paid by parents. If our Honourable Commissioner is not scandalised by this, we parents find it exceedingly offensive!”

The Forum also reminded the Lagos Ministry of Education to review their proposed school feeding and welfare initiative for implementation.

The letter continued: “In February 2024, we proposed a solid scheme for the feeding and welfare of our children in these schools, which the ministry has not been able to fault to date.

“Lagos State prides itself on a free education policy, which should not exclude the boarding programme.

“Parents of boarding students have shown understanding with past governments when the state’s finances were strained many years ago.

“However, with the current government receiving over 350% more funding, boosted by the removal of subsidies—which has drastically reduced parents’ spending power by over 600%—we find it unacceptable that parents are now subjected to further hardship through this unnecessary fee hike.”

The Forum is urging Lagos parents to keep their children at home starting from yesterday,15th September, 2024.

According to the letter, “After considering your concerns, we agree that to avoid swallowing this unjust bait from the government—especially given that some principals have threatened not to allow our children into the boarding houses without the payment of N100,000—we have no option but to ask parents to keep their children at home tomorrow, Sunday 15th until this unreasonable decision by the ministry is FULLY REVERSED! NO REVERSAL, NO RESUMPTION!”

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