Court Archives | Page 2 of 3

Court bars NBC from imposing fines, sanctions on broadcast stations

Our Reporters5 months ago5 months ago014 mins

The Federal High Court sitting in Lagos has ordered the National Broadcasting Commission (NBC) to “stop using the NBC Act and the Nigeria Broadcasting Code to impose fines, threaten to impose sanctions, harass and intimidate the broadcast stations and other independent media houses in the country.” The court declared that “the NBC and its agents lack the legal power and authority to impose penalty unlawfully and unilaterally, including fines, suspension, withdrawal of license or any form of punishment whatsoever on independent media houses for promoting access to diverse information on issues of public importance.” The judgment was delivered in June by Hon. Justice Nicholas Oweibo following a lawsuit brought by the Socio-Economic Rights and Accountability Project (SERAP) and Centre for Journalism Innovation and Development (CJID). The certified true copy of the judgment was obtained last Friday. The suit followed the decision by the NBC in 2022 to impose a fine of N5 million each on Trust TV, Multichoice Nigeria Limited, NTA-Startimes Limited and TelcCom Satellite Limited, over their documentaries on terrorism in the country. The NBC claimed that the documentaries “glorify the activities of bandits, undermine national security in Nigeria, and contravene the provisions of the Nigeria Broadcasting Code.” In his judgment, Justice Oweibo held that, “The issue of the locus standi of SERAP and CJID need to be resolved first being a threshold issue. It is trite that the Statement of Claim must disclose the Plaintiff’s interest sufficient to clothe him/her with the requisite capacity to sue.” Justice Oweibo also stated that, “SERAP and CJID have been vested with locus standi. Looking at the provisions of the Fundamental Rights (Enforcement Procedure) Rules 2009 and particularly the preambles to the Rules, the general requirement of locus standi has been done away with. SERAP and CJID are not meddlesome interlopers.” According to Justice Oweibo, “I have looked at the affidavit in support of the suit, which in this case stands in place of a Statement of Claim. Considering the core mandates of SERAP and CJID and the affidavit in support of their suit, it is to be seen that this is a public interest case.” Justice Oweibo dismissed the objections raised by the NBC’s counsel and upheld SERAP’s and CJID’s arguments. Consequently, the court entered judgment in favour of SERAP and CJID and against the NBC. Justice Oweibo’s judgment, dated 13 June, 2024, read in part: “This is an action alleging breach of the fundamental rights of SERAP and CJID to freedom of expression, access to information and media freedom and fair hearing guaranteed under sections 22, 36 and 39 of the Nigerian Constitution 1999 [as amended].” The court also granted the following reliefs: A DECLARATION is hereby made that the act of the Defendants imposing a fine of Five Million Naira each on the independent media houses is unlawful, inconsistent with, and amounts to a breach of the principles of legality, necessity, proportionality and therefore a violation of the rights to freedom of expression, access to information, and media freedom;A DECLARATION is hereby made that the use of the Broadcasting Code by the NBC to impose sanctions on the independent media houses for an alleged infractions without recourse to the court constitutes an infringement on the provisions of sections 6[1] & [6][b] and 36[1] of the Nigerian Constitution 1999 and Articles 1 and 7 of the African Charter on Human and Peoples’ Rights and Article 9 of the International Covenant on Civil and Political Rights to which Nigeria is a state party;A DECLARATION is hereby made that the provisions of the National Broadcasting Commission Act and the Nigeria Broadcasting Code which are arbitrarily being used by the Defendants to sanction, harass, intimidate and restrict the independent media houses are inconsistent and incompatible with sections 36[1], 39 and 22 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights and are null and void to the extent of their inconsistency and incompatibility;A DECLARATION is hereby made that the Defendants lack the legal power and authority to impose penalty unlawfully and unilaterally, including fines, suspension, withdrawal of license or any form of punishment whatsoever on the independent media houses for promoting access to diverse opinions and information on issues of public importance;AN ORDER OF COURT is hereby made setting aside the fine of Five Million Naira imposed by the Defendants, through the 3rd Defendant, each on Trust TV, Multichoice Nigeria Limited, TelCom Satellite Limited (TSTV) and NTA-Startimes Limited for televising the documentary by the British Broadcasting Corporation “BBC Africa Eye” titled “Bandits Warlords of Zamfara”;AN ORDER OF PERPETUAL INJUNCTION is hereby made restraining the Defendants or any other authority, persons or group of persons from unlawfully shutting down, imposing fine, suspension, withdrawal of license or doing anything whatsoever to harass and intimidate or impose criminal punishment on the independent media houses or any of Nigeria’s journalists and media houses for promoting access to diverse information on issues of public importance SERAP deputy director, Kolawole Oluwadare said, “We urge the NBC to demonstrate its commitment to the rule of law by immediately obeying and respecting the judgment of the Court.” “We also urge President Bola Tinubu to direct the Ministry of Information and Culture, the office of the Attorney General of the Federation and the NBC to immediately disclose the details of the Twitter agreement, as ordered by the court. “The immediate enforcement and implementation of the judgment will be a victory for the rule of law, freedom of expression and media freedom in Nigeria.” SERAP and CJID had in August 2022 filed a lawsuit against former president Muhammadu Buhari, former minister of information and culture Mr Lai Mohammed and the NBC, asking the court for “a declaration that the imposition of fines on the media houses is unlawful and amounts to a breach of legality, necessity, proportionality principles.” In the suit number FHC/L/CS/1486/2022, SERAP and CJID sought “an order setting aside the arbitrary and…

Alleged N101.4bn fraud: Court orders service of hearing notice on Yahaya Bello

Our Reporters5 months ago5 months ago02 mins

Justice Maryanne Anenih of the Federal Capital Territory, FCT, High Court, Maitama, has directed that a hearing notice be served on Yahaya Bello, former governor of Kogi State, at his residence and on the court’s notice board. This follows his repeated failure to appear in court for arraignment on charges of fraud involving N101.4 billion. In a ruling on Thursday, November 14, 2024, Justice Anenih instructed that the hearing notice be pasted at Bello’s residence at No. 9 Benghazi Street, Wuse Zone 4, Abuja, and displayed on the court’s notice board. The court issued this order as the public summons requiring Bello’s appearance is set to expire on November 17, 2024, allowing him a few remaining days to comply. The Economic and Financial Crimes Commission, EFCC requested an adjournment to allow Bello more time to respond to the public summons, which provides a 30-day period for his appearance. According to the counsel to the EFCC, Jamiu Agoro, the option of issuing a warrant of arrest is premature as the 30-day compliance period has not yet expired. Justice Anenih thereafter granted the EFCC’s request for an adjournment, setting November 27, 2024, as the new date for Bello to appear in court for arraignment. Recall that the court had previously issued a public summons on October 3, 2024, after Bello failed to attend prior hearings related to the new 16-count charges filed against him by the EFCC. The charges include allegations of fraud amounting to N101.4 billion.

Bobrisky: Court fines VeryDarkMan N500m

Our Reporters6 months ago6 months ago04 mins

An Ikeja High Court has ordered an online activist, Vincent Otse (alias Very Dark Man) to remove defamatory posts against a Senior Advocate of Nigeria, Femi Falana and his musician son, Folarin otherwise called Falz. Justice Matthias Dawodu also ordered VDM to bring down the alleged defamatory video which he made on September 24 against the Falanas. The court also ordered the service of originating summons against VDM through his lawyer, Deji Adeyanju within 14 day. The judge said, “The defendant, his agents and privies are hereby restrained from further releasing, publishing or circulating any defamatory videos, comments about the applicant. He is to bring down the defamatory video about the applicant which was published on September 24 on all his online social media handles pending compliance with the pre-action protocol of the court. Leave is hereby granted to the applicant to serve the pre-action bundles, originating processes and all other court processes between parties herein on the defendant by substituted means through his lawyer, Deji Adeyanju. The applicant must file and serve the pre-action bundles, originating processes and other accompanying processes on the defendant within 14 days.” The court made the orders following an ex parte originating application made by Mr Falana and his son against the actions of VDM where he published “unverified audio recording of a one-sided narrative by cross dresser Bobrisky,” alleging perversion of justice by the family. Mr Falana had in a lawsuit numbered ID/8586GCM/2024, filed against VDM, sought the order of the court to award a sum of N500 million fine for defamation of character against him. Mr Falana in the lawsuit, also prayed the order of the court, directing the defendant to publish an apology on his social media handles for the defamatory words contained in the viral video. The Court also ordered VDM to pay N500 million in damages to human rights advocate Femi Falana and his son, Falz. Recall previously that Bobrisky’s voice could be heard explaining how he paid the Economic and Financial Crimes Commission, EFCC, the sum of N15 million to clear his name money laundering case, which was levied against him, amongst others.

Court affirms Abure as substantive Labour Party Chairman

Our Reporters6 months ago6 months ago01 mins

A Federal High Court in Abuja on Tuesday has declared the 2024 Labour Party national convention held in Nnewi in March valid, constitutional and in line with all laid down laws in Nigeria. In a judgement made by Justice Emeka Nwite while delivering the judgement went further to compel the Independent National Electoral Commission, INEC to grant due recognition and all privileges to the Labour Party’s National Working Committee as led by Barrister Julius Abure.

N110.4bn Fraud: Court orders Yahaya Bello to appear for arraignment

Our Reporters6 months ago6 months ago02 mins

Justice Maryanne Anenih of the Federal Capital Territory, FCT in Maitama, Abuja on October 3, 2024, has issued a public summon against former Governor of Kogi State, Yahaya Adoza Bello following his absence in a fresh arraignment on 16-count charges preferred against him by the Economic and Financial Crimes Commission, EFCC. Bello, Shuabu Oricha and Abdulsalami Hudu are facing prosecution bordering on criminal breach of trust, and conspiracy to commit an offence to the tune of N110.4 Billion. Justice Anenih issued the summon in a ruling following an ex parte application by EFCC counsel, Rotimi Oyedepo, SAN praying the court to grant leave that the defendant be served the charges via substituted means, following his absence in court to answer charges filed against him on September 24, 2024. The court ordered that the charges be served on the defendant at his known residence, No 4, Benghazi Street, Maitama, Abuja, through a public summons to be published in widely circulated national newspapers and also pasted within the premises of the court. The judge granted two separate adjournments: October 24, 2024, and November 14, 2024. The former was for arraignment on the grounds that the defendant will be arrested and brought to court by EFCC and the latter when the 30 days of service elapsed. Bello is also being awaited for arraignment before Justice Emeka Nwite of the Federal High Court, Abuja on an 18-count charge bordering on money laundering to the tune of N80.2billion.

EFCC tackles Yahaya Bello’s non-appearance in Court

Our Reporters7 months ago7 months ago07 mins

Lead prosecution counsel in the trial of former governor of Kogi State Yahaya Adoza Bello, Kemi Pinheiro SAN, on Wednesday, September 25, 2024, told Justice Emeka Nwite of the Federal High Court sitting in Maitama, Abuja that the recent appearance of Bello at the parking lots of the Economic and Financial Crimes Commission, EFCC, was out of place as both the trial court and Court of Appeal clearly ordered him to present himself for arraignment in the N80.2billion money laundering charges preferred against him by the EFCC. “There is nowhere my Lordship or the Court of Appeal ordered that Yahaya Bello present himself at the EFCC car park, but rather to appear before my Lordship for arraignment. What is even more worrisome and disconcerting is that the defendant went to the EFCC car park holding the hands of a person with immunity who came with all the full security of his office” “The implication, my Lord, is if there was an attempt to get him from the person of immunity, there would be an invitation to anarchy. The invitation by the EFCC later in the day for Yahaya Bello to come alone, not with a person with immunity, security persons and other people was resisted again on their own admission”, he said. Speaking further, Pinheiro pointed out, “My Lord, we wrote a letter to the defendant’s lawyers drawing our colleagues’ attention that arraignment is not conducted in EFCC’s car park, but the defendant should be in court today according to the judgment of the Court of Appeal and this honourable court’s ruling”. Pinheiro also urged the judge to demonstrate his might and exercise his power to show Bello’s counsel A.M Agboyi that the court is not a vaudeville for entertainment but for serious business. “This court is not a vaudeville, a vaudeville is a place of diverse entertainment. I want to borrow the words of Justice Uwaifo that no party should make a court a place of entertainment. The court must resist it. It is a place of serious and solemn business”, he said. He specifically sought the order of the court for Agboyi to be sanctioned and referred to the Legal Practitioners Disciplinary Committee, LPDC, for turning the court to a vaudeville. My Lord, it is against this backdrop that I will make this assertion that my learned friend wants to turn this place to an entertainment place or a casino. I want the court to use its power against him because his senior advocates have left and they pushed him so that it will serve as a lesson to others,” he said. He also sought leave of the court to proceed to the trial of Bello in absentia. Meanwhile, Abdul Mohammed SAN, counsel to Adeola Adedipe SAN, craved the indulgence of the court to exercise its discretion not to charge Adedipe for contempt. “Our application is filed on the 18th of July 2024, it is supported by an 11-paragraph affidavit deposed to by the applicant Mr. Adeola Adedipe. That affidavit has an exhibit marked A, and in compliance with my Lord is a written address. “We are urging my Lord to exercise his discretion, we are on bended knees begging you to exercise your discretion and grant the prayers that are contained in the affidavit”, he said. After listening to the counsels, Justice Nwite stressed that “the matter is slated for arraignment, and it seems it has gone back to square one. It’s been over five months now and I don’t know how the case is going. With the submission made by counsels this morning, it’s quite unfortunate, but I have to reserve my comments, I have to reserve judgement on the submission of these counsels”. He thereafter adjourned the matter till October 30, 2024, for arraignment and ruling. The EFCC is prosecuting Bello on 18-count charges bordering on money laundering to the tune of N80.2billion.

Yahaya Bello must have his day in Court, says EFCC

Our Reporters7 months ago7 months ago08 mins

It is public knowledge that a former governor of Kogi State, Mr. Yahaya Bello had made several unsuccessful attempts to throw spanners in his ongoing trial through some irresponsible and utterly rascally efforts. The appropriate place of surrender would be before Justice Emeka Nwite of the Federal High Court, Abuja, before whom his legal team had undertaken to produce him to answer to the 18-count charges of money laundering preferred against him by the Economic and Financial Crimes Commission, EFCC. Yahaya Bello should be more interested in clearing his name than playing the victim and crying persecution, where none exists. To even insinuate that he was the target of a phantom assassination attempt because the EFCC made efforts to effect his arrest at the Kogi State Governor’s Lodge where he had been hiding, is preposterous. It is the first time in the Commission’s more than two decades existence that such a jejune claim would be made. This is no more than scaremongering, intended to scandalise the Commission. But EFCC is not deterred by this, and other shenanigans by the ex-governor. The Commission remains committed to ensuring that the law takes its course in the money laundering charges already filed against Yahaya Bello in Court. EFCC is eager to engage the former governor in the courtroom where the avalanche of evidence so painstakingly assembled can be presented and arguments marshalled for justice to be served to all parties involved in this saga. The true test of Yahaya Bello’s willingness to abide by the law in the criminal proceedings instituted against him at the Federal High Court Abuja by the EFCC is to present himself to the court in obedience to the order of Justice Nwite. His presence in court is the only step that will convince Nigerians that his touted submission to the EFCC which was widely reported in the media on September 18, was not a stunt. Till date, Bello is yet to take his plea in the alleged N80.2billion money laundering charges preferred against him before Justice Nwite. His invasion of the corporate headquarters of the Commission with a retinue of security details, hand-to-hand cahoots and carriage with a sitting governor having immunity, unwarranted media blitz, scripted sleight of hands unknown to the public and other backend intelligence available to the Commission, compelled a tactical rebuff of his touted surrender offer. The incident of Wednesday, September 18, 2024, regarding the orchestrated antics of the former governor to surrender himself to the EFCC, having denied being invited by the Commission and operating underground as a fugitive for several months, expectedly raised concerns and curiosity of many Nigerians who had been waiting frantically for his arrest and trial. As a responsible anti-graft agency, the EFCC is sensitive to public opinions, especially if they are in tandem with its operational codes and Standard Operating Procedures. However, no hysteria, blackmail, sentiment or coordinated attacks in some section of the media would make the Commission compromise its integrity. Yahaya Bello’s matter cannot define the success or failure of the works of the EFCC, as the scorecard of the Commission is remarkable and undeniably impressive. The EFCC is not unaware of the fact that corruption fights back. Bello must have his day in court, no matter the recourse to blackmail, appeal to emotive public sympathy or acts of brigandage. Within the year, the Commission had arraigned three former ministers, two ex-governors, several top government officials, captains of industries, internet fraudsters and many more would be arraigned in due course. Every former governor, minister, head of ministries, departments and agencies, MDAs being investigated by the Commission would soon be charged to court. The EFCC is not running a circus show. Corruption issues should not be turned into a theatre of the absurd. Those who harbor a criminal suspect should know that the act is also a criminal offence which is also punishable in law. While the EFCC is assuring the public of its unfaltering focus and commitment to continue to tackle every issue of economic and financial crime without fear or favour, there is need to remind Nigerians that corruption does fight back and caution and restraint should always be exercised in responding to the operational mechanics and dynamics of the Commission. The EFCC would continue with its no sacred cow policy, no matter whose ox is gored.

TikTok in court over potential US ban

Our Reporters7 months ago7 months ago04 mins

Lawyers for TikTok and parent company ByteDance will square off with the Justice Department in a Washington courtroom over the fate of a law that could ban the short video app used by 170 million Americans as soon as January 19. A three-judge panel of the US Court of Appeals for the District of Columbia will hold oral arguments on a legal challenge filed by TikTok and Chinese-parent company ByteDance that seeks an injunction barring the law from taking effect. TikTok and ByteDance argue the law is unconstitutional and violates Americans’ free speech rights, calling it “a radical departure from this country’s tradition of championing an open Internet.” Circuit Judges Sri Srinivasan, Neomi Rao and Douglas Ginsburg will consider the legal challenges brought by TikTok and users against the law that gives ByteDance until January 19 to sell or divest TikTok’s US assets or face a ban. Driven by worries among US politicians that China could access data on Americans or spy on them with the app, the US Congress passed the law overwhelmingly in April just weeks after it was introduced. Biden could extend the January 19 deadline by three months if he certifies ByteDance is making significant progress toward a sale. The hearing could put TikTok’s fate in the middle of the final weeks of the presidential campaign. Both Republican presidential candidate Donald Trump and Vice President Kamala Harris are active on TikTok seeking to court younger voters. The Justice Department says TikTok under Chinese ownership poses a serious national security threat because of its access to vast personal data of Americans, asserting China can covertly manipulate information that Americans consume via TikTok. “The serious national-security threat posed by TikTok is real,” the department said. ByteDance says divestiture is “not possible technologically, commercially, or legally” and without a court ruling will lead to an unprecedented ban. TikTok and the Justice Department have asked for a ruling by December 6, which could allow the US Supreme Court to consider an appeal before any ban takes effect. The White House says it wants to see Chinese-based ownership ended on national security grounds, but not a ban on TikTok. Trump, who unsuccessfully tried to ban TikTok in 2020, said recently if elected, he would not allow TikTok to be banned.