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Federal High Court Chief Judge Re-assigns Contract Dispute Suit Against Amaechi To Another Judge

Published

2 years ago

April 17, 2022

Editor

The Chief Judge of the Federal High Court, John Tsoho has reversed himself in an earlier rejection of a request by the Minister of Transportation, Rotimi Amaechi for the transfer of a pending case against him to a new judge for hearing during the Easter vacation.

Justice Tsoho had in a letter dated April 7, 2022, written by his Special Assistant (SA), Ambrose Unaeze rejected Amaechi’s request for a suit transfer which he made through his lawyer, Lateef Fagbemi (SAN) on March 31, 2022

But in a fresh letter dated April 14, 2022, Justice Tsoho overruled himself and agreed to transfer part of the case marked: FHC/ABJ/CS/1587/2021 to a new Judge.

The suit is challenging Amaechi’s handling of the process for the award of the contract for operators of Nigeria’s International Cargo Tracking Note (ICTN) to a new judge.

A civil group, the Citizens Advocacy for Social and Economic Rights (CASER) instituted the suit against Amaechi, accusing him of manipulating the contract process in favour of two local and inexperienced firms – Medtech Scientific Limited and Rozi International Nigeria Limited.

On December 17, 2021, following an ex parte application by CASER, the court restrained parties from taking any further steps in relation to the appointment of operators of the ICTN (an electronic cargo verification system that monitors the shipments of seaborne cargoes and enables a real-time generation of vital data on ships and cargo traffic in and out of Nigeria).

But on March 23, 2022, CASER’s lawyer, Abdulhakeem Mustapha (SAN) reported to the court presided by Justice Donatus Okorowo that Amaechi had allegedly violated the court’s order of December 17, prompting the judge to endorse the filing of contempt charges against the minister.

Justice Okorowo also directed the suspension of proceedings in the substantive suit to give way to the hearing of contempt charges against Amaechi and fixed May 9 for ruling in a joinder application and commencement of contempt proceedings.

Rather than wait till May 9, Amaechi, through his lawyer, wrote the March 31 letter, claiming utmost urgency, among others and requested that the case against him be reassigned to the court’s vacation judge for urgent hearing.

Responding, Justice Tsoho in the April 7 letter, declined the request, stating, “I am to inform you that there have been counter posturing regarding the re-assignment or otherwise of this matter.

“It is discerned that arguments were heard by Justice D.U Okorowo on 23rd March 2022 in respect of alleged contempt and ruling scheduled for 9th May 2022. It will hence be disruptive to contemplate a re-assignment of this case.

“Besides, the Easter vacation is for two weeks and there is no guarantee that the vacation Judge can gain any appreciable ground as to convey an advantage over the regular Court in terms of hearing of the suit. In the circumstance, the Hon. Chief Judge declined the application.”

But following another letter by Ameachi’s lawyer, dated April 13, 2022, Justice Tsoho changed his mind and agreed that a portion of the suit be reassigned to the court’s vacation judge.

Justice Tsoho’s fresh letter, dated: April 14, written by his SA (Unaeze) in response to Amaechi’s new letter, reads: “I am directed by the Hon. Chief Judge of the Federal High Court to refer to your letter of 13th April 2022 in respect of the above subject matter.

“Having considered the responses as per your letters dated 13th April 2022, 1st April 2022 respectively, it is noted as follows: that there is presently no indication of any proper or formal application for contempt proceedings.

“The filing of Form 48 per se does not amount to a contempt application or committal proceedings, in the absence of Form 49 with evidence of the alleged contemnor’s disobedience obtained after service of Form 48.

“Therefore, in view of the extreme urgency emphasised with regard to the matter, there is a good basis for referring the pending applications to be heard during the Easter vacation.

“Consequently, our letter dated 7 April 2022 is cancelled. The pending notice of preliminary objection and the application for joinder in the suit (but not the suit itself) are reassigned to the vacation court for determination. Please accept the assurances of His Lordship, the Hon. Chief Judge.”

CASER, the plaintiff in the suit has expressed reservation about Justice Tsoho’s latest decision to have the case partially transferred to a new judge.

In a statement by its Executive Director, Frank Tietie, CASER argued that it was impossible for Justice Tsoho’s decision to ensure justice in the case.

It said: “Thus, the directive that only the preliminary objection be heard by a vacation court leaving the main suit is aimed, in our opinion, at terminating the suit without the court adjudicating on the real issues of corruption and incompetence of the companies, as it should be.

“We strongly believe that the latest directive of the Chief Judge to transfer the suit as impressed on him by counsel to the Honourable Minister of Transportation, when there is no real urgency, is but just a self-serving one that is not in any way in the interest of Nigeria’s national security, thereby endangering the peace and welfare of Nigerians.

“We believe that the course of the administration of justice should run smoothly without any undue pressure.

“To this end, we are very uncomfortable with the latest directive of the Chief Judge of the Federal High Court that a suit that is due to be heard in less than one month be transferred to a vacation judge for reasons which he had earlier considered to be highly untenable.”

DAILY POST

News

JUST IN: Tinubu Appoints Governing Board Members For 111 Tertiary Institutions

Published

7 hours ago

May 18, 2024

Editor

President Bola Tinubu has approved the appointments of at least 555 persons to serve as Pro-chancellors/Chairmen and members of Governing Boards of 111 federal universities, polytechnics and Colleges of Education.

This followed Tinubu’s assent to a list of nominees selected by the Ministry of Education.

An advertorial by the Education Ministry sighted by The PUNCH showed the appointment of a chairperson and four members for each of the institutions.

It was signed by the ministry’s Permanent Secretary, Mrs. Didi Esther Walson-Jack.

“The inauguration and retreat for the Governing Councils will take place on Thursday, May 30 and Friday, May 31, 2024, at the National Universities Commission, 26 Aguiyi Ironsi Street, Maitama, Abuja. Both events will commence at 9:00am daily,” said Walson-Jack.

When contacted for confirmation, the Presidency said the list emanated from the Ministry of Education.

“This is from the Federal Ministry of Education…they make the nominations and forward them to the President to sign. But they are at liberty to release it from their end,” the President’s Special Adviser on Information and Strategy, Bayo Onanuga, told The PUNCH on Sunday.

The appointments come days after the Academic Staff Union of Universities had threatened to embark on another strike, potentially disrupting the academic calendar and causing further setbacks in the country’s higher education sector.

The union, on Tuesday, decried the failure of the Federal Government to appoint Governing Councils for federal universities.

The union also faulted what it described as the nonchalant attitude of the President Bola Tinubu-led Federal Government to matters about academics in federal universities.

The body of academics, during a briefing at the University of Abuja, also faulted the 35 per cent salary increment for professors and the 25 per cent salary increment for other academics in the university system.

News

HOMEF Applauds NASS On Decision To Investigate GMOs In Nigeria

Published

8 hours ago

May 18, 2024

Editor

…says Nigeria needs to prioritise public health

Health of Mother Earth Foundation (HOMEF) and the GMO-Free Nigeria
Alliance have commended the House of Representatives on the resolution to comprehensively investigate the introduction of genetically modified organisms (GMOs) into Nigeria and for a halt on approval of new products
pending the completion of that investigation.

This is as the House of Representatives also urged the National Agency for Food and Drug Administration and Control (NAFDAC) to ensure labelling of GM crops already in the country.

The House resolution to investigate the introduction of GMOs into Nigeria followed the adoption of a motion by Rep. Muktar Shagaya at a plenary session held on Thursday 16th May 2024.

In a statement made available to INFO DAILY Kome Odhomor, Media/Communication Lead, HOMEF, the Executive Director of the organisation, Dr Nnimmo Bassey, said ass the lawmaker rightly explained, the introduction of GMOs in Nigeria raises serious concerns about safety, regulatory oversight, and their potential impacts on the country’s biosafety.

He noted that the investigation which has been long “overdue is vital to save the country from the dangerous path to food colonialism, contamination of our genetic resources, loss of
biodiversity/nutritional diversity, soil degradation, and overall
disruption of our agriculture and food systems.”

Bassey continued: “This investigation must be unbiased and thorough. To ensure this, the National Assembly should engage independent researchers to avoid contamination of the process by GMO promoters.

“This investigation should consider Nigeria’s agricultural landscape and investigate the underlying
causes of hunger/food insecurity and as well establish definite measures to address those issues. This is the time to rescue Nigerians from being used for risky experimentations.”

The Executive Director also stressed the need for critical examination of the National Biosafety Management Agency Act for its fitness for purpose.

He further added: “That law needs to be completely reworked to close existing loopholes including the composition of its governing/decision making board by excluding GMO promoters such as the National Biotechnology Development Agency; the lack of provision on strict liability, inadequate public consultation measures, absolute decision-making powers of the agency, minimal reference to the precautionary principal and many others.

“This was the submission of Mariann Bassey-Orovwuje, Food Sovereignty Activist and Deputy Executive Director at Friends of the Earth Nigeria.”

Also reacting to the Green Chamber’s call on NAFDAC to label GMO crops in the country, HOMEF’s Director of Programmes and lead on Hunger Politics, Joyce Brown, noted that the agency will need to devise strategies to have foods sold in local markets in basins, by the road sides, and in processed forms like Ogi and Akara labelled to ensure informed decision-making by the majority of people who purchase food from these sources.

“This exercise will prove that GMOs do not fit our socio-economic context. Over the years, market shelf surveys conducted by HOMEF has revealed over 50 different processed/packaged foods labelled as produced using genetically modified ingredients,” she added.

Brown advised that permits for commercialisation of GMO products such as Bt Cowpea, Tela Maize, Bt Corn and all others be suspended pending the result of the investigation by the House Committee on Agriculture and others.

The statement reaffirmed the submission by Rep. Shagaya that there’s need to prioritise public health, biodiversity, increased support of small holder farmers in terms of extension service, provision of infrastructure (to curtail waste), access to credits, access to land and the growth of our local economy.

“Nigeria should adopt agroecological farming which aligns well with our socio economic and socio cultural
context. Agroecology delivers increased productivity and economic resilience, revises/nourishes ecosystems, strengthens local economies, mitigates climate change and promotes food sovereignty,” the statement concluded.

News

Mother Of Five Jailed For Forging Late Abba Kyari’s Signature

Published

16 hours ago

May 18, 2024

Editor

A mother of five, Ramat Mba, has been sentenced to one-year imprisonment by a Federal Capital Territory High Court sitting in Gwagwalada, Abuja, for her involvement in an employment scam.

Ramat who was also found guilty of forging the signature of the late Abba Kyari, the Chief of Staff to the former President, Muhammadu Buhari, was arraigned before the court by the Independent Corrupt Practices and Other Related Offences Commission on a 5-count bordering on cheating, fraud and forgery, contrary to Section 13 of the Corrupt Practices and Other Related Offences Act 2000 and Sections 320(b), 366 of the Penal Code Cap 89 laws of Northern Nigeria.

She reportedly committed the offence sometime in 2020 when she collected N4.5 million from several job seekers, promising to secure jobs for them with the ICPC and National Air Space Research and Development Agency (NASRDA).

Also, the documentary evidence tendered showed that the convict fraudulently forged the letterhead of the Office of the Chief of Staff to former President Buhari and his signature. The letter, addressed to the ICPC Chairman, was a request for the recruitment of three individuals by the commission.

However, the late CoS, in a written correspondence that was also tendered in court as an exhibit, distanced himself or his office from authorising the letter.

Commenting on the sentencing, spokesperson for the ICPC, Demola Bakare said;

“The trial judge, Justice Muhammad, in his judgment on May 9, 2024, convicted the mother of five children on counts 1, 2, 3 and 5 that border on cheating and forgery, while she was discharged on count 4 which borders on felony.

“Justice Muhammad, during the sentencing on Thursday, pronounced a six-month jail term or N100,000 option of fine on counts 1, 2 and 3 on the convict.

“The presiding judge, who stressed the status of the convict as a first-time offender and a mother, also sentenced her to one-year imprisonment or N150,000 option on fine on count 5 which borders on forgery.”