I Will Not Grant Any Application Until You Obey My Orders – Court Tells DSS

The Federal High Court, Abuja, has said it will not grant any application brought by the Department of State Services (DSS) until all orders of the court are obeyed.

A vacation judge, Justice Nnamdi Dimgba, made this known in Abuja on Monday when DSS Counsel GOA Agbadua brought an application for a remand warrant.

Dimgba said it would be wrong for the court to grant an application of the DSS when it had no regard for orders of the court.

He said that he had ordered that retired Air Commodore Umar Mohammed, who was arraigned before him, to be remanded in Kuje Prison pending the hearing of his bail application, but that the DSS decided to keep him in its custody against the order of the court.

Dimgba also cited another instance when he ordered the service to produce some accused persons in court but noted that the DSS had yet to comply.

“The court will not grant any application of the DSS until there is sufficient proof that all orders of the court have been obeyed.

“It will be counter-productive for the court to take this application and grant the reliefs sought by the DSS.

“This court hereby adjourns this application sine die until the applicant’s counsel files an affidavit deposing to the fact that all outstanding orders of this court on the DSS have been complied with”, he added.

Dimgba had berated the DSS for flaunting orders of the court, one of which was to remand an accused person in Kuje prison. (NAN)

Follow us on Twitter @KARIFEST1

NFF Leadership Tussle: Chris Giwa Drags Pinnick To Supreme Court

Barrister Chris Giwa still harbours hope of reclaiming the Nigeria Football Federation (NFF) presidency from Amaju Pinnick and is heading to the Supreme Court.

He revealed this in a press conference yesterday, explaining his reasons for taking the case to the highest court in the land.

“We have been able by the grace of God to appeal to the Supreme Court. Appeal is different from stay of execution. They are two different processes. We have filed an appeal and we have filed a stay of execution saying that we do not agree with the judgment,” Giwa said.

“The Court of Appeal has given us 19th of September, 2016, for that motion of stay of execution to be heard. Once that is done by law that judgment is ineffective till when that motion is argued.

“When we got our ruling from the Federal High Court (Jos), I know some people may ask why you held on to it. Yes we held on to it because the defendant there did not ask for stay (of execution). If they had applied for stay that judgment wouldn’t have been effective till when the Court would give a pronouncement.

“But they never did that, all they did was they applied for stay of proceedings and ask for leave to appeal and when we went to the Court they withdrew the stay of proceedings. Stay of proceedings is different from stay of execution; they are not the same motion. So they withdrew it and they relied on leave to appeal and went to the Appeal Court.

“Luckily for us, the Judge at that date hands off from the case since he has granted them the leave to appeal. As we all know that Appeal Court is not the final court, the Supreme Court is the final court.

“If this judgment they got came from the Supreme Court there is nothing like stay (of execution). But because it is coming from the court that is not the final court we stand on the advantage to ask for stay (of execution) and which we have done.

“So, the Court of Appeal cannot effect that judgment because there is a motion pending before them. I want to say this because we have gone to the Supreme Court I can tell you very well that the Appeal Court has nothing to do with the matter again.

“The Court of Appeal ruling delivered by His Lordship Joseph Tine Tur delivered his final judgment in the appeal without allowing the respondents right of legal representation of our choice.

“We have appealed to the Supreme Court against the ruling of 21st July 2016 and the judgment of 25thJuly 2016. The effect of this application is that the judgment of 25th July shall be stayed pending the hearing of the application.

“In view of the foregoing, we have taken patience to pursue the slow but sure processes in our laws. We have secured all legal decisions that guarantee our place in the management of Nigerian football.

“With the quality of patience we have exhibited, we shall explore all legal means without violence. This is not to say we are not capable of violently taking what belongs to us otherwise, we would have posited that if the next stage will warrant forceful execution, we may consider same.

“We are going to inform the structure in a matter of days agree and take all steps to take our legal mandate.”

Follow us on Twitter @KARIFEST1

Remove, Probe Justice Okon Abang For Judicial Rascality – PDP Youths Beg NJC

Following the ruling of Justice Okon Abang, which sacked the Peoples Democratic Party, PDP, Caretaker Committee led by Senator Ahmed Makarfi, the National Coordinator of Peoples Democratic Party National Youth Forum, PDPNYF, Usman Austin, have called for the removal of the Federal High Court judge.

The youths urged the National Judicial Council, NJC, to as a matter of “urgency” remove the judge and further “probe him for judicial rascality.”

PDPNYF, while reacting to the pronouncement of the judge in a statement said, “The judiciary must not be a place where anyone runs into and hide his misdeed, it is now clear that justice Okon Abang has turn his own arm of judiciary to be a rubber stamp for anyone who can afford the bid.

“We ask all concern sundries to wave into this judicial rascality exhibited by justice Okon Abang before it eats deep into the marrows of our democracy, he is not only a threat to democracy but also a threat to human right and stain to the bench.

“PDP is a family and each time it has internal misunderstanding the said justice Okon Abang dives in to set fire on a fresh wood, it is alarming how much interest he picks on matter that concerns the PDP.

“The manner and mode in which judgements are obtained from justice Okon Abang is an abuse to constitutional rights… it is very unfortunate, the same he did in the Abia governorship election case. We totally say no to this act of using his office to stain the countries judiciary and making it a laughing stock.

“We therefore call on the National judicial council to as a matter of urgency remove Justice Okon Abang and further probe his ill judicial rascality and constitutional doctoration to save our judiciary as well democracy.

“The PDP youth are as a matter of urgency call on concerned advisory bodies like President Gooduck Jonathan to come into this lingering matter and save this party from the hands of scoundrels who seek to shortchange it for their self interest.”

Follow us on Twitter @KARIFEST1

Court Sacks Markafi, Affirms Sheriff As PDP National Chairman

Justice Okon Abang of the Federal High Court in Abuja in a ruling yesterday, sacked the Senator Ahmed Makarfi-led Caretaker Committee of the Peoples Democratic Party, (PDP) thereby dragging the party into more crisis.

The court held that every action the Committee had taken since it emerged through a convention the party purportedly held in Port Harcourt on May 21, amounted to a nullity.

“Parties have an uncompromising duty to obey court order until it is set aside. The Lagos Division made orders on May 12 and 20, forbidding the PDP from removing the Sheriff-led Caretaker Committee. That order is still subsisting.

“Having regard to the order of the court, PDP had no lawful authority to hold the convention that led to the emergence of the Markafi-led Committee.

“The convention was unlawfully held and the Caretaker Committee was unlawfully and illegally appointed and could not take any legal decision for the PDP in view of the subsisting order of the Lagos Division of this court.

“Consequently, any action taken by the Markafi-led Committee, including the purported mandate for legal representation in this matter is hereby declared illegal.

“If the Markafi-led Caretaker Committee, as apostles of impunity, missed their way to the Port Harcourt division of this court, that court could not have conveniently assumed jurisdiction to set aside the earlier decision of the Lagos Division.

“I hold that the Port Harcourt division of this court cannot make an order to neutralise the potency of the Lagos Division of this court dated 12 and 20 May“.

He warned politicians not to cause disaffection among judges of the High Court, saying “the culture of impunity must stop in this country”.

“Ali Modu Sheriff is the National Chairman of the PDP. Any decision not taken by the Sheriff-led Committee is not binding on the PDP”.

Follow us on Twitter @KARIFEST1

Abia Gov Crisis: Remain On Seat Till Our Judgment, A-Court Tells Ikpeazu

The Court of Appeal in Abuja, yesterday, gave the Governor of Abia State, Okezie Ikpeazu the nod to remain on seat pending the determination of the appeal challenging his removal from office.

The appellate court took the decision before it slated August 9 to hear eight separate appeals that arose from judgment of the Federal High Court in Abuja that sacked Ikpeazu from office over alleged tax fraud.

Recall that trial Justice Okon Abang had on June 27, ordered Ikpeazu to immediately vacate the governorship seat, even as he directed the Independent National Electoral Commission, INEC, to issue fresh Certificate of Return to Mr. Sampson Ogah who came second in the governorship primary election the Peoples Democratic Party, PDP, conducted in Abia State on December 8, 2014.

Follow us on Twitter @KARIFEST1

Why Court Granted Fayose’s Aide, Agbele, N50m Bail; Fined EFCC N5m

Justice Olukayode Adeniyi of an Abuja High Court at Maitama, admitted Mr. Abiodun Agbele, an aide to Governor Ayodele Fayose on bail to the tune of N50 million.

Agbele, who had through his lawyer, Chief Mike Ozekhome, SAN, approached the high court for the enforcement of his fundamental human rights.

Justice Adeniyi while delivering judgment on the matter, declared the action of the EFCC in detaining Agbele beyond the period stipulated by the law as wrongful, unlawful and unconstitutional.

He said the continued detention of the applicant without trial or a valid court order was in breach of his fundamental human rights.
Consequently, Justice Adeniyi imposed a fine of N5million on the EFCC, saying the money should be given to the applicant as compensation for his unlawful arrest and detention.

The judge said the anti-graft agency could not controvert the allegation that it has kept the applicant in its custody beyond the period stipulated in section 35 of the 1999 constitution.

According to the court, the fine it imposed on the agency was to make it learn how to operate within the ambit of the law.