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Supreme Court Slams N40m Fine Against Mike Ozekhome

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The Supreme Court yesterday came hard again on another senior lawyer.

It slammed a N40million cost on Chief Mike Ozekhome (SAN) for aiding the Peoples Democratic Party (PDP) and its candidate in the 2019 governorship election in Imo State, Emeka Ihedioha, to file what the court termed a frivolous motion.

This comes three years after it fined Chief Afe Babalola (SAN) and Chief Wole Olanipekun (SAN) N30 million each for filing a frivolous application.

In a ruling yesterday, Justice Tijani Abubakar dismissed the motion by Ihedioha and the PDP.

The applicants had prayed the court to set aside its January 14, 2020 judgment replacing Ihedioha with Hope Uzodimma of the All Progressives Congress (APC) as the governor.

Justice Abubakar gave the lead ruling by a seven-man panel headed by Justice John Okoro.

In their motion, Ihedioha and the PDP argued that Uzodimma was not validly nominated by the APC to contest the 2019 election.

They urged the court to invalidate the years Uzodimma spent in office as governor.

The applicants were joined as interested parties in an appeal originally filed by Uche Nwosu, who was the governorship candidate of the Action Alliance (AA) in the 2019 election.

Ihedioha and the PDP also urged the Supreme Court to give effect to its 2019 judgment that disqualified Nwosu on the ground that he had dual nomination, having been nominated by both the AA and the APC for the same governorship election.

They argued that since the apex court recognised Nwosu as a candidate of the APC, there was no legal basis for the judgment sacking Ihedioha and declaring Uzodimma (who it also found to have been sponsored by the same APC and for the same election) as the actual winner.

The applicants urged the Supreme Court to restore Ihedioha to office since the APC could not legally sponsor two candidates for the same election.

They argued that since Uzodimma did not contest the election as an independent candidate, there was no basis for him to be recognised as the validly elected governor.

Ihedioha and the PDP argued that there was no rationale for the November 11 governorship election because Ihedioha had yet to conclude his tenure.

When the case came up yesterday, the court noted that it lacked jurisdiction to entertain a motion filed over a governorship election held four years ago.

Members of the court’s panel drew Ozekhome’s attention to the futility of his clients’ efforts and why he should withdraw the motion.

Ozekhome ignored the Justices’ body language and proceeded to move the motion.

But the court dismissed it for being without merit and “highly vexatious and frivolous.”

The Justices awarded a cost of N40 million against Ozekhome. They insisted must he must pay it.

It was not the first time the Supreme Court would censure senior lawyers so heavily.

The Supreme Court, in February 2020, fined Chief Babalola and Chief Olanipekun N30 million each for agreeing to apply for the review of its judgment on the Bayelsa election.

Justice Amina Augie, now retired, announced the fine while reading the lead judgment in the applications for a review of its February 13, 2020 judgment which overturned the APC’s victory in the governorship poll.

With tears in her eyes, the justice regretted that “very senior” lawyers were responsible for filing the applications.

The Supreme Court awarded the costs of N10m to be personally paid by Chief Babalola, who represented David Lyon, and Chief Olanipekun, for APC.

It ruled that each of the SANs must pay N10 million to each of the three respondents – the PDP, Governor Duoye Diri, and the Deputy Governor, Lawrence Ewhruojakpo, bringing the total amount to be paid to N60 million.

Justice Augie said the applications amounted to an inviting the apex court to sit in appeal on its judgment in violation of the Constitution.

A seven-man panel of the apex court led by the late Justice Sylvester Ngwuta described the applications filed by the APC and Lyon as vexatious, frivolous, and constituted a gross abuse of the court process.

Justice Augie held that granting the applications would open a floodgate for the review of decisions of the Supreme Court.

“There must be an end to litigation,” she said, adding, “the decision of the Supreme Court is final for ages in a matter”, adding that only legislation could change it.

Chief Babalola and Chief Wole Olanipekun protested the N60 million fine.

In protest letters addressed to the National Executive Council (NEC) of the Nigerian Bar Association (NBA), they insisted that they did no wrong by asking the court to take a second look at its judgment.

“We did no wrong, committed no error and do not deserve the harsh comments in the leading ruling of Justice Amina Augie…

“There is no nexus or proximity or even bearing between the processes filed by us and the most unfair and least expected stern expressions of her lordship, Amina Augie,” Olanipekun wrote.

Babalola faulted what he described as “disparaging remarks” made against him in the ruling.

He insisted that he had a duty under the rules of professional conduct to devote his “attention, energy and expertise and subject to any rule of law, and to act in a manner consistent with the best interest of his client”.

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I Delivered $15m Agency Cash To Ex-NIMASA DG Akpobolokemi, EFCC Witness Tells Court

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A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.

The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.

Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.

According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.

He said he subsequently took the money to the office of the then Director-General.

“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.

The witness explained that he collected the bag from his aide before entering the office.

“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”

The witness was initially a defendant in the case but later opted to testify for the prosecution.

While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.

According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.

He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.

“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.

During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.

When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”

After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.

The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.

Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.

They pleaded not guilty to the offences.

The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.

According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.

Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.

The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.

One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.

 

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CBN Bars Chronic Loan Defaulters from Accessing New Banking Services

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The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).

This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.

This order is specifically targeted at large-ticket obligors.

The CBN issued the directive in a circular to banks on Monday.

The latest instruction comes almost a week after the CBN asked financial institutions to stress test.

It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.

“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.

“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.

“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”

 

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Makinde Only In PDP Because He’s Not Seeking Re-election – Otitoju

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Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.

Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.

He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.

“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.

“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?

“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.

“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.

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