Connect with us

Judiciary

COVID 19 : THE ANATHEMA OF A LONG VACATION FOR THE COURTS -Osaro EGBOBAMIEN SAN

Published

on


The world is repositioning on the front foot to begin what is sure to be a long and painful economic recovery from the devastating COVID-19 pandemic. Many countries, including Nigeria are teetering on the verge of a recession.  Naturally, our leaders are anxious to get people back to work from the forced 8- week vacation without pay that has put many businesses and even public services in jeopardy. It has been a management of crises, helping to ascertain true leaders, as well as shapely redefining fault lines in politics, law and economics.    Law stands on a special pedestal and has been greatly demeaned in Nigeria principally because of its abstract nature. Perceived not just as a mere set of rules to adjudicate dispute, but a realm through which individuals are connected to one another and to the larger society, it has received its most devastating blow, ironically by those charged with administration of justice at the highest level. As at date, there is yet no indication that the annual vacation in July/August will be suspended, to make for otherwise productive time lost in the period of the COVID-19 induced holiday.     The Justice Reform Project (JRP), like other civil society organisations, has not been silent through the pandemic, and now facing its aftermath. It has called for and recommended the suspension of the annual vacation of the courts to recover time lost to the pandemic response initiative.   A commonsensical step it would seem, given the events of the past 8 weeks, However, in Nigeria, we are often polarised along self interest, while the national interest takes a remote seat in evaluation. As in the call for virtual hearing, the call to suspend the annual vacation is likely to play to a typical stereotype. Annual vacation is statutory, and the various Chief Justices are constitutionally empowered to prescribe vacation dates. So, it may be argued disingenuously that it will be unconstitutional to suspend the annual vacation, just as it is contended it is unconstitutional to access the courts virtually.         This argument falls flat. The response initiative to the contagious nature of the viral disease, the Quarantine Act has necessitated the indirect suspension of the most fundamental part of the Constitution. The right to freedom of movement, right to freedom of association, right to engage in certain contracts and the entire right to liberty have all been impeded.     You need the law to redefine these parameters. Any inhibition in the Constitution, for instance to virtual hearing (although I find it difficult to locate any) or constraints to access justice could easily have been accommodated within Quarantine Act. The failure to have done so, is a lack of appreciation that law constitutes a set of values upon which important part of our society is predicated.To proceed on annual vacation would almost mean we do not appreciate the role of a justice system in the daily life of the people it serves. And the absence of any clarity on the subject as at date, further undermines confidence in a sphere where time, scheduling and preparation is of essence.     COVID-19 seems to reveal a fallacy that in Nigeria we can exist without law. Proceeding on annual leave in the current climate is to compound our misconception and tilt us towards a Hobbesian state of nature where there is no common authority to restrain the arbitrary exercise of power by those who wield it.      In the end, all who seek justice suffer disillusionment, and consequently, resort to self-help. It is a mistaken belief to think that in the absence of a formally sanctioned justice system, society has ground to a halt. Nature abhors a vacuum and so the formal justice system has no doubt been supplanted by a shadow system that has kept ostensible peace and provided remedy.      Illegality has its own structures and appeals to a desperate population who crave certainty in their dealings, and solutions to problems that arise daily. This could be in the form of rogue government agencies and officials who act as mercenaries sworn to the highest bidder Or warlords and ‘area boys’, who though boasting only a crude alternative to formal systems, may be at least capable of some consistency and dependability.   These revelations may tend towards the unfortunate conclusion that even our functional justice system provides no real justice and so is not missed by either those who dispense it, or those who are supposedly served by it, when absent. The parallel system of illegality seems to provide more succour than the rule of law. Other nations around the world have reacted decisively to the forced holiday brought on by the pandemic. Those from which Nigeria borrowed much of its constitution; notably, America, Australia, and India, have taken their justice online by swiftly instituting virtual hearing of matters. The common law upon which our system is modelled is also in this company. So, while their economies have hobbled along, they have at least made some progress to boast of. For us, COVID-19 has painfully exposed our superficial justice system by exercising discretion to stay closed, and considering another 6 weeks holiday, the authorities are painting the rule of law as only an option, among a suite of options for ordering(a disorderly) society. This is exacerbated by their comfortable detailing of all the inhibitions that will not allow for the system to operate, without providing any alternative. Any service that fails to evolve to meet the times, will die of natural causes. We are now providing the palliative care to make the demise of our own justice system more comfortable. Lawyers also earn their living from the courts, and it is better left to the imagination the lengths that necessity will drive otherwise brilliant and hardworking practitioners to. Still, we are not without heroes. Civil society, and the Bar must be commended for taking a charitable stand. Acts of charity and raising awareness of the needs of the most vulnerable among us, are never in danger of becoming outdated. While this charity disposition must be commended, it is certainly not the solution. The Bar must in addition stand up, to ensure that the administration of justice remains effective, efficient, and effectual. It ought to be at the vanguard calling for virtual hearing and a suspension of the annual vacation. We do a disservice to whatever faiths we profess and our collective conscience by treating this crisis as one that can be solved with hand-outs. Africa has never known true development from foreign aid. It is criminal to give only temporary panacea when the means to advance towards a lasting solution lies within our power. Perhaps those who are paid from taxpayer funds, could take a cue from the shop owners, vulcanizers and artisans who know too well that if you do not find a means to provide a service, not only the receiver of the service suffers, you the provider of the service are soon forgotten. If the courts will not use the regularly scheduled annual vacation to recover lost ground and insist on business as usual at the cost of taxpayers, confirmation should at the very least be provided sooner and not later to ensure stakeholders are not taken unawares. Contingencies will need to be out in place. When we look back as a nation after COVID, what lasting innovation, can we say it has brought out of us? Beyond individual acts of charity, I am yet to find a satisfactory answer. Unfamiliarity with technology may be a disincentive to senior judicial officers to move to virtual hearings, however that is no reason to hold the country to ransom over what could be cured by temporarily employing school leavers and undergraduates to guide their Lordship through the process. As we prepare for a post COVID world, with all the uncertainty that portends for domestic and international commerce, those who will succeed are those who are able to come out different from how they went in. Any country, or individual for that matter, who emerges without a new skill or two; a new trick or two to avert or mitigate the impact of future crises, would accurately be described as a failure. Let us rise above our natural proclivity for intellectual debates during times of action. Other nations are finding solutions or at worst, identifying markers for what a new normal could look like and the changes that need to be made. We will have no one to blame but ourselves if we fail to do the same. The annual vacation for 2020 must be suspended immediately!!!

adron lemon friday

Continue Reading

Judiciary

COURT HANDS UBA MAJOR VICTORY IN LANDMARK N156BN DEBT RECOVERY JUDGEMENT AGAINST THE VASWANI BROTHERS AND STALLION GROUP

Published

on

By

United Bank for Africa (UBA) Plc has won a court ruling in its three-year effort to recover money it says Stallion Group owes. The Federal High Court upheld the bank’s receiver, its mortgage security and the liability of the guarantors.

adron lemon friday

Justice Daniel Osiagor of the Federal High Court in Ikoyi, Lagos, resolved every issue in UBA’s favour and granted all the reliefs sought, MoneyCentral’s reports according to the judgement heard in Court.

The court confirmed Romeo Ese Michael as receiver-manager, with the right to take possession of the mortgaged property and seek protective orders.

It also barred the defendants from diverting payments owed to them by government agencies, thereby reinforcing the Bank’s ability to protect its recovery interests.

The court held that the defendants did not dispute owing money, only the amount, and that a reconciliation of accounts did not cancel the debt.

The Court also dismissed objections raised by the 12th Defendant (Barbedos Ventures Limited), holding that it had failed to establish any proprietary rights over the mortgaged property. Consequently, its consent was not required for the creation of the mortgage, and its objections were rejected.

When UBA filed the suit in October 2023, it claimed N156.03 billion, as being owed. Stallion has called the claim “entirely false,” however, the court’s written judgment and Stallion’s response to the ruling were not immediately available.

The case began when Justice Akintayo Aluko granted UBA orders to take over assets of Stallion Nigeria Ltd. and its affiliates in Lagos, Port Harcourt and Kano, and to freeze their funds across Nigerian banks. Stallion’s attempts to lift those orders failed in December 2023. The defendants include Von Automobile Nigeria, Stallion Motors, The Honda Place and director Sunil Vaswani.

The ruling strengthens a principle Nigerian lenders rely on: arguing over how much is owed does not by itself stop a creditor from enforcing its security. UBA is using the same receiver to pursue N61.45 billion linked to Western Metal Products Co.

The decision represents a comprehensive victory for UBA, with the Court resolving all issues in the Bank’s favour and granting all the reliefs sought.

The ruling is particularly significant for the enforcement of creditors’ rights in Nigeria, underscoring the legal validity of properly constituted security arrangements and the authority of duly appointed receivers to enforce creditors’ interests.

The judgment marks a major milestone in UBA’s efforts to recover its exposure to Stallion Group and safeguard the interests of the Bank and its stakeholders.

The key highlights of the judgment are as follows:
The Federal High Court Ikoyi affirmed its jurisdiction to hear the case.
The Judgement was delivered by Justice Daniel Osiagor of Court 6 of Federal High Court, Ikoyi, Lagos
The Defendants did not dispute their indebtedness, only the amount owed.
The guarantors were held liable.
The appointment of the Receiver/Manager was upheld as valid.
The Receiver/Manager’s right to take possession of the mortgaged property was affirmed.
The Receiver/Manager was held to be entitled to seek protective orders.
The Court held that the reconciliation exercise did not negate the indebtedness.
The objection of the 12th Defendant was dismissed, as it failed to establish any proprietary rights over the mortgaged property. Its consent was therefore not required for the mortgage.
The Defendants were restrained from diverting receivables due to them from government agencies.


41
/ 100


SEO Score

Continue Reading

Judiciary

Prosecute Okowa, Yahaya Bello Now Over Alleged Corruption, HURIWA Tells EFCC

Published

on

By

The Human Rights Writers Association of Nigeria, (HURIWA), has called on the Economic and Financial Crimes Commission, (EFCC), to bring its investigations involving former Delta State Governor Ifeanyi Okowa and former Kogi State Governor Yahaya Bello to a clear and lawful conclusion, warning political parties against fielding candidates whose unresolved corruption cases raise serious questions about public

adron lemon friday

The call was contained in a press statement signed by Comrade Emmanuel Nnadozie Onwubiko, National Coordinator of HURIWA, on the 9th of September, 2026.

According to the association, an opinion poll it conducted across Nigeria involving more than 6,000 respondents indicated overwhelming public disapproval of parties fielding politicians with unresolved corruption allegations.

HURIWA said 99 per cent of respondents condemned the practice, with particular criticism directed at the ruling All Progressives Congress, (APC), over its reported decision to field Okowa for a senatorial contest in Delta North.

The association said respondents in Delta North questioned why the party would reportedly choose the former governor instead of the incumbent senator, Prince Ned Nwoko, and demanded that EFCC clarify status of its investigation into Okowa.

HURIWA said the EFCC must explain status of its investigation into Okowa, who was arrested and detained in November 2024 over allegations concerning management of funds received during his eight-year tenure as Delta State governor.

The group recalled that reports at the time quoted EFCC saying:
“Okowa was at our Port Harcourt office following an invitation from the investigators probing the allegations against him. He was then arrested.”

HURIWA noted that the Punch also reported the source as saying:
“The commission is investigating him regarding the N1.3 trillion 13% derivation fund from the federation account between 2015 and 2023.”

The organisation said allegations reported at the time also included questions about funds allegedly used to acquire shares in a floating liquefied natural gas project and other investments.

HURIWA stressed that these were allegations under investigation and not proof of guilt. It noted that Okowa subsequently denied wrongdoing, with his aide maintaining that EFCC had not established a case against him.

The association added that the former governor should be entitled to due process, just as Nigerians deserved transparency about the investigation and a clear explanation of whether evidence warranted prosecution.
“Where investigators have sufficient evidence to prosecute, the EFCC should proceed without undue delay. Where the evidence is insufficient, the commission should equally clarify the position rather than leave the matter indefinitely unresolved,” HURIWA said.

Bello Case Raises Similar Questions On Accountability

The association said respondents in Kogi State expressed similar concerns about unresolved allegations involving former Governor Yahaya Bello, who has faced EFCC allegations concerning alleged diversion of public funds during his tenure.

HURIWA said reported scale of allegations made it imperative for anti-graft agency to pursue matter transparently and through courts. It emphasised that neither accusation nor investigation should be treated as conviction, however political office should not become shield against lawful investigation or prosecution.

APC, INEC And EFCC Must Address Public Concerns — HURIWA

HURIWA said its reported poll reflected public frustration with what respondents perceived as gap between anti-corruption rhetoric and political choices made by parties seeking public office.

It urged APC to explain rationale behind its reported senatorial choice in Delta North and called on all political parties to adopt transparent candidate-selection standards.

The association also urged the Independent National Electoral Commission, INEC, to apply electoral law impartially, noting that eligibility questions must be determined by relevant constitutional and statutory provisions rather than public allegations alone.

HURIWA called on EFCC to provide update on status of Okowa investigation and pursue any prosecution justified by evidence, and to ensure Bello case also proceeds in accordance with law.

“Nigerians should not have to choose between respect for the presumption of innocence and the demand for accountability from public officials,” HURIWA said.

It maintained that both principles must be upheld: no individual should be declared guilty without due process, and no politically influential person should be insulated from investigation because of party affiliation or electoral ambition.


47
/ 100


SEO Score

Continue Reading

Judiciary

Absence of Regina Daniel’s Friend, Izuegbu Stalls arraignment Over ‘Illegal Substances, Criminal Defamation

Published

on

By

The absence of Ms Anthonet Izuegbu, friend of estranged wife of Senator Ned Nwoko, Regina Daniels has stalled her arraignment over a case of Defamation and allegedly routinely sourced, handled, and administered controlled and illegal substances to Regina and associated individuals preferred against her.

adron lemon friday

When the matter which is before Justice Ekerete Akpan of the Federal High Court Abuja, came up for arraignment on Thursday, July 16 2026, the defendant who collapsed during last arraignment was absent in court and the case was consequently adjourned to September 15, 2026.

Recall that Ms Izuegbu also known as “Ann” was arrested for criminal defamation against Senator Nwoko.

The Ned Nwoko media team, in a statement made available to the News Agency of Nigeria (NAN) stated that contrary to the misleading and inflammatory narratives being circulated across social media platforms, Izuegbu was arrested in connection with criminal defamation against the lawmaker.

The team explained that Izuegbu was arrested in connection with criminally defamatory statements she publicly made, alleging that the lawmaker physically assaulted his wife, Mrs Laila Nwoko, which resulted in a miscarriage.

“These claims are entirely false as no such incident occurred, and no miscarriage resulted from any alleged violence.

“The statements were made without evidence and form part of a coordinated attempt to reinforce previously circulated and unsubstantiated domestic violence allegations,” the team said.

The team also said that Izuegbu was implicated in the procurement of an illegal abortion for Regina Daniels, during her lawful marriage to the Nwoko.

According to the team, the incident occurred after the marriage, notwithstanding subsequent attempts to reframe the timeline.

“The legality of the act does not change based on narrative adjustments. The matter is on record and has previously been publicly referenced by Regina herself,” the statement said.

The team added that a formal witness statement dated Oct. 29, 2025 submitted to the Area Commander, Maitama Police Station, detailed repeated ongoing activities involving Izuegbua and others.

According to the team, the statement noted that Izuegbu allegedly routinely sourced, handled, and administered controlled and illegal substances to Regina and associated individuals.

The team further said that Izuegbu’s arrest was directly preceded by a public social media post in which she allegedly issued threats, made derogatory remarks, and repeated defamatory accusations against Mrs Laila Nwoko and the lawmaker.

“This post constituted provocation, intimidation, and criminal defamation under application law.

“It is important to emphasise that this matter is not a social media dispute but a law-enforcement issue grounded in evidence, witness testimonies, and due process.

“Any attempt to mischaracterize the arrest as suppression or victimisation is false and misleading,’’ the team added.


42
/ 100


SEO Score

Continue Reading

Trending News