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3 Lawyers Docked For Impersonating CBN, Unity Bank In N52m Judgment Debt

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The Federal Government has charged three Abuja-based legal practitioners before a High Court of the Federal Capital Territory, FCT, on four counts of criminal charges, bordering on false information with the intent to mislead the Court into entering a N52m consent judgment in their favour.

The prosecution agency, the Economic and Financial Crimes Commission(EFCC) told the court that the offences are contrary to sections 96 and 140 of the Panel Code law of Northern Nigeria as applicable in the Federal Capital Territory, Abuja.

The lawyers are Messrs Maxwell Opara, Gold Nwankwo and Jubilate Obasikene, all practising in the law firm of Maxwell Opara and Associates.

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The charge filed marked CR/444/2022 and by the prosecution counsel, Ibrahim Buba followed a petition by the Central Bank of Nigeria CBN, to the Chairman of the EFCC, accusing the lawyers of fraudulent representation and impersonation.

They were alleged to have fraudulently entered appearances for the CBN and Unity Bank Plc, without the consent and authorization of the banks in an appeal in respect of garnishee proceedings involving the sum of N52 million, at the Court of Appeal, Abuja division.

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The proceedings were in respect of appeal No: CA/A/18M/2017, between Mr. Godwin Emmanuel Vs Chris Obot. Ambo Top Nig Ltd, Unity Bank Plc and CBN.

The appeal arose from garnishee proceedings wherein the CBN was served with an order Nisi dated November 3, 2015, by the High Court of the Federal Capital Territory, Gwagwalada, Abuja.

The Court of Appeal had granted the CBN leave to appeal against the judgment of the lower court on the condition that the entire judgment sum of N52m be deposited to the deputy Registrar to be kept in an interest-yielding account in a commercial bank within 30 days from the date of the ruling, pending the determination of the appeal.

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The CBN said it was surprising to learn that the matter came up for hearing on September 9, 2020, and that on that day, based on the application filed by counsel to the judgment creditor, Maxwell Opara, the court ordered that the judgment sum be released to the judgment creditor.

The bank asserted that its concern was the fact that neither the bank nor its counsel was served with any hearing notice in respect of the proceedings of September 9, 2020.

That it was further informed that CBN was purportedly represented by one Gold Nwankwo in the proceedings of September 9, 2020, a counsel unknown to or briefed by the bank nor affiliated in any way to any of its external solicitors.

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That in the same vein, One Okechukwu Jubilate Obasikene was said not to have the authority of Unity bank and also appeared for Unity bank in the proceedings.

Upon investigation, it was discovered that the said Gold Nwankwo was listed on the letterhead of Messrs. Maxwell Opara and Associates(counsel to the judgment creditor), as one of its lawyers in chambers.

That it, therefore, appears that the counsel from the chambers of Messrs. Maxwell Opara and Associates representing the judgment creditor, might have colluded to deceive the Court of Appeal by impersonating the counsel briefed by the CBN, contrary to the legal practitioners’ rules of professional conduct.

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Meanwhile, when the case was called for trial, the prosecution counsel, Ibrahim Buba informed the court about the absence of witnesses from the CBN and Unity Bank in court.

He, therefore, urged the court to grant a short adjournment to enable him produce them in court.

Following the consent of the defence of counsel, Justice Hamza Muazu adjourned the case to February 1 and 2, 2023 for trial.

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The charge marked CR/444/2022, and dated August 26, 2022, reads:
“That you Barrister Maxwell Okpara and Barrister Gold Nwankwo sometime in September 2020 in Abuja within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did conspire to commit an offence to wit: giving false information with intent to mislead public servant and thereby committed an offence contrary to section 96 of the Penal Code law of Northern Nigeria as applicable in the FCT, and punishable under section 97 of the same law.

”That you Barrister Gold Nwankwo on the 9th day of September 2020 in Abuja within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did inform the Court of Appeal sitting in Abuja that you were representing the Central Bank of Nigeria during the hearing of appeal No CA/A/18/M/2017 and consented to the withdrawal and striking of the motion paper dated August 29, 2020 and filed on September 1, 2020, knowing that the Central Bank of Nigeria never authorised you to represent it in the proceedings, and you thereby committed an offence contrary to section 140 of the Penal Code law of the Northern Nigeria as applicable in the Federal Capital Territory, FCT, Abuja, and punishable under section 140 of the same law.

”That you Barrister Maxwell Okpara and Barrister Jubilate Obasikene sometime in September 2020 in Abuja within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did conspire to commit an offence to wit: giving false information with the intent to mislead public servant and thereby committed an offence contrary to section 96 of the Penal Code law of Northern Nigeria as applicable in the FCT, and punishable under section 97 of the same law.

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”That you Barrister Jubilate Obasikene on the 9th of September 2020 in Abuja within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did inform the Court of Appeal sitting in Abuja, that you represented the Unity Bank Plc during the hearing of appeal No CA/A/18/M/2017, and consented to the withdrawal and striking out of the motion paper dated August 29, 2020, and filed on September 1, 2020, knowing that the Unity Bank Plc never authorised you to represent it in the proceedings and you thereby committed an offence contrary to section 140 of the Penal Code law of the Northern Nigeria as applicable in the Federal Capital Territory, FCT, Abuja, and punishable under section 140 of the same law.

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Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria

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Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.

Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.

He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.

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“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.

He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.

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When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.

READ ALSO:South African Ambassador Found Dead Outside Paris Hotel

We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.

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DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.

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IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police

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The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.

Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.

Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.

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All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”

On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.

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“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”

 

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Court Orders SERAP To Pay DSS Operatives N100m For Defamation

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The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.

The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.

Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.

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Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.

The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.

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In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.

The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.

The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.

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In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.

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He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.

The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.

However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.

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She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.

Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.

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He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.

Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.

The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.

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The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.

The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

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John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.

The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).

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John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

READ ALSO:SERAP To Court: Stop CBN From ‘Implementing ‘Unlawful, Unjust ATM Fee Hike’

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They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

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“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”

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