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Judiciary

Obi Cubana’s Lawyer Was Wrong, Says DAFCT Communications

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The Management of DAFCT Communications, publishers of P.M.EXPRESS Newspaper, said that their attention has been drawn to a news item on some websites linking the media outfit with a story purportedly done to dent the image of a popular entertainment and hospitality mogul, Obinna Iyiegbu a.k.a Obi Cubana. 
 
 
For the avoidance of doubt, P.M.EXPRESS is a reputable media platform ran by a group of trained and respected media personalities with decades of experience in the industry. And over the years, the platform has continued to offer unbiased and balanced reportage on all issues with a professional touch while making positive difference in the society through news dissemination, entertainment and education of readers across board,” the management stated.
“We were shocked as our attention was called to a news item on some websites linking us with a story purportedly done to dent the image of a popular entertainment and hospitality mogul. We sincerely believe that there must be a mix up somewhere.”
“For the records, our media platform has a record of celebrating the achievements of brands, entrepreneurs and successful businesses. We equally at different times, had celebrated and highlighted the achievements of the respected entertainment and hospitality mogul in question. So the management was shocked to read our outfit being linked to a news item purportedly meant to defame the personality in view.”
“Setting the records straight, the story in question was a Court story published online by us without any reference in whatsoever form to the personality of the respected businessman, Obi Cubana or his company. The feature image used was that of a Court gavel; even the image of the personalities involved in the said Court case were not used. It is therefore, a surprise to read that our outfit allegedly used the picture of a personality not involved in the matter in reporting the Court story published.”
“We treasure our hard earned reputation and would not want to be associated with defamatory publications.”
“For the avoidance of doubts, the alleged screenshot sent across by Obi Cubana’s lawyer, Mr. Afam Osigwe SAN, had nothing to do with us even as he did not provide the web link he alluded to us. It is therefore, very wrong not to have crosschecked properly before accusing us wrongfully.”
“Attached is the screenshot of our publication and the web link: https://pmexpressng.com/court-orders-banks-to-freeze-suspected-drug-barons-accounts/
“Excellence and integrity remain our watchwords, and we are focused on raising the bar in the media industry.
We therefore, demand that Obi Cubana’s lawyer, Mr. Afam Osigwe SAN, retract the publication and apologize for malicious damage to the respected journalists and perception managers he mentioned in his publication within 30 days of this publication or we seek legal redress “the DAFCT Communications Management concluded.

Obi Cubana

Obi Cubana

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Judiciary

Court sacks Accord Party Exco, NWC

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A High Court of Federal Capital Teritory, Maitama, on Monday has barred the National Chairman of the Accord Party, Hon. Mohammad Lawal Nalado, from further occupying any position in the party.

This was as the court also sacked all the National Executive Members and National Working Committees, who were said to have contested and spent more than two terms in office and so prevented from re-contesting for the same post/office or remain in the same office in acting capacity after the expiration of their term(s).

In a judgment delivered by Hon. Justice O. A. Adeniyi was consequent upon an Originating Summons brought against the National Executive and National Working Committee of the party by Innocent Igboekwe, Prince Joseph James and Jamilu Abass.

Represented by their Attorney, Chief Wakeel Olawale Liady of The Bridge Chambers, the three party members sought a declaration from the court to prevent the national officers of the party not to hold any office in their hierarchy of the party having been sworn-in twice as prescribed by the constitution of the party.

The plaintiff also asked the Court to declare that the tenure of office of Hon. Mohammad Lawal Nalado’s led National Executive Committee and National Working Committee of the party has expired on the 17th of January 2022 having been elected and sworn in on the 18th day of January, 2018.

The declaration stated inter alia: ‘Having regard to the clear and unambiguous provision of section 223 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Section 85 (3) of the Electoral Act 2010 (as amended) and Articles 19 and 23 of the Constitution of the Accord Party,

‘By the reason of the expiration of Hon. Mohammad Lawal Nalado’s led National Executive Committee and National Working Committee of the ACCORD on the 17th day of January, 2022 there has been a vacuum in the administration and running of the 1st Defendant’s political party.

‘By the reason of the expiration of Hon. Mohammad Lawal Nalado’s led National Executive Committee and National Working Committee of the ACCORD on the 17th day of January, 2022, the 3rd, 4th and 5th Defendants and/or any member of their committee cannot function, act and perform as subsisting members of the National Executive Committee and National Working Committee of the 1st Defendant as from 18th day of January, 2022.

‘The deliberate refusal, failure and negligence of the 3rd, 4th and 5th Defendants to call and hold National Convention and meetings of the National Executive Committee and National Working Committee as required by the law is a gross violation of provisions of the 1st Defendant’s Constitution.

‘The deliberate refusal, failure and negligence of the 3rd, 4th and 5th Defendants to call for the annual auditing of the finance of the ACCORD is an infraction of the provision of 28 (1) of the Constitution of ACCORD.

‘By virtue of provision of section 223 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 85 (3) of the Electoral Act 2010 (as amended), the 2nd Defendant should oblige that the 1st, 3rd, 4th and 5th Defendants to comply with the extant laws on tenure of office and finance of the ACCORD.’

Granting the plaintiff’s prayers, Justice Adeniyi therefore restrained the Accord Party and the National Independent Electoral Commission (INEC) from allowing the Naldo, Michael Lerama, and Barrister Maxwell Ngbudem alongside other executive and the NEC members, who had contested and held party office for two terms from further contesting and holding office after their second term.

The Court also granted an order in favour of the Plaintiff restraining Accord Party and INEC from according or continuing to accord any recognition to the r any other member of the party, who has served during Hon. Mohammad Lawal Nalado’s led National Executive Members and National Working Committee because their tenure of office had expired on the 17th day of January, 2022.

Justice Adeniyi also directed the Accord Party to hold its National Convention/State Congresses with a view to elect members of the National and State executive Committee with ninety (90) days from the date judgement is delivered in this suit.

 

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Judiciary

Folawiyo seeks injunction against AMCON’s ex parte order, dissociates from defaulting company

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Tunde Folawiyo

A Lagos-based businessman, Mr Tunde Folawiyo, has filed an exparte motion before a Federal High Court in Lagos seeking an order of stay of execution of an ex-parte orders made against him in satisfaction of a judgement debt.
Justice Lewis Allagoa had made orders against Mr. Folawiyo in a suit filed by the Asset Management Corporation of Nigeria (AMCON) over Folawiyo’s alleged unpaid debt of N727.9 million in relation to a company directorship at Compagnie Generale de Logistique.
Folawiyo, in a suit no: FHC/L/CS/799/2020, is seeking an order of stay of execution of the ex-parte orders made against him on March 24, 2022 pending the hearing and determination of his Motion on Notice seeking to set aside the ex parte orders.
He is praying for the following relief: An order restraining the AMCON either by itself, agents, privies, servants or through any person(s) from taking any steps howsoever to enforce the ex-parte orders made against the applicant by the Court on 24th March 2022 pending the hearing and determination of the applicant’s Motion on Notice seeking to set aside the ex parte orders.
The ex-parte orders were predicated on the judgment of Justice Ibrahim Buba in Suit No: FHC/L/CS/207/2017; Asset Management Company of Nigeria (“AMCON”) v Compagnie Generale De Logistique & Others in 2017 (“Previous Suit”) in favour of AMCON in the sum of N522,464,978.66 against the defendants in the suit.
The applicant said he was not a party to the previous suit and was not served with the judgment on it.
AMCON claimed the applicant is a director in Compagnie Generale De Logistique, which took loan from Spring Bank and which judgment was principally obtained in the previous suit.
Contrary to the representations made by the Plaintiff, the applicant said he was not a Director of Compagnie Generale De Logistique at the time of the previous suit and was not in any way connected to the loan transaction with Spring Bank.
The applicant said he is, therefore, not a “debtor” within the contemplation of Section of 61 of the AMCON Act as to warrant the interim forfeiture of his assets and freezing of his bank accounts on account of the judgment obtained in the 2017 Suit.
He argued that a combined reading of Sections 49(2),50(2) and 61 of the AMCON Act would reveal that only current directors of a company fall within the definition of “debtor” as to warrant the freezing of their assets or accounts.
Mr Folawiyo told the court that AMCON failed to disclose or suppressed material facts about the status of the Applicant in Compagnie Generale De Logistique, the principal judgment debtor in the previous suit.
He added: “The exparte orders were obtained malafide against the applicant and constitute an abuse of court process.
“The applicant has a filed a Motion on Notice praying for the setting aside of the said ex- parte orders.
“The applicant’s pending set aside motion raises serious issues on why the Ex-parte orders ought not to have been granted.
“It is in the interest of justice to grant this application pending the hearing and determination of the applicant’s Motion to Set Aside the Ex-parte Orders.”
Mr Folawiyo argued that the originating summons filed by AMCON is incompetent as it had expired at the time of the grant of the ex-parte order.
He expressed concern about the impact the orders would have on his employees as well as the reputation of the three-generational family business he has worked hard to maintain and grow over the years.
Tunde Folawiyo is  the son and heir to the late Nigerian Businessman and philanthropist, Wahab Iyanda Folawiyo. Alhaji Wahab whose father, Tijani  was a wealthy local Merchant in the Colonial era, was known for funding , building orphanage homes and funding several local sports championships. In expanding his late father’s legacy, Mr Tunde Folawiyo attended the London School of Economics to broaden his business perspective and investment choices in addition to being a Barrister of the Court of England and Wales as well as Nigeria. In 2016, Folawiyo and his firm announced its first production of crude oil from the Aje Field, the first producing field outside of the Niger Delta area in Nigeria.
Reports say the multi-million dollar investment was aimed at reducing oil production pressure from the Niger Delta region. He is currently the Chairman of Yinka Folawiyo Group,  established by his father in 1957.

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Judiciary

Nigerian arrested in SA for impersonation, trying to extort ₦8.2m from refugee

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A 42-year-old Nigerian, Stanley Ewulu and his 38-year-old South African accomplice, Peter Molomo, have been charged to court for posing as Hawks and attempting to extort a refugee.

The Hawks are the South African Police Services’ Directorate for Priority Crime Investigation (DPCI), which targets organised crime, economic crime, corruption, and other serious crime referred to it by the South African Police Service (SAPS).

Ewulu, a Nigerian national based in Sandton, and  Molomo from Pretoria West, appeared at the Pretoria Specialised Commercial Crimes Court this week facing charges of extortion and corruption.

There is even more trouble for Ewulu, as he will face a further charge of being in South Africa illegally.

“It is alleged that the pair approached the complainant, introduced themselves as Hawks investigators from the Pretoria office and demanded R300,000 (about ₦8,224,212) in order to destroy a case docket that was opened against him,” said Lumka Mahanjana, the North Gauteng regional spokesperson for the director of public prosecutions.

“They also promised to hand over a vehicle that belonged to the complainant, as well as his refugee documents that were confiscated by the Sunnyside police.”

According to reports, problems started for Ewulu and Molomo after the complainant reported the matter to the Hawks serious corruption investigation unit in Germiston.

An entrapment operation was set up and the two were arrested last week at Time Square in Menlyn, east of Pretoria.

The matter was postponed to March 22, for further investigations and possible bail applications.

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