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

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.
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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.
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“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
Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria
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.
“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.
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“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.
DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.
News
IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police
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.
“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”
News
Court Orders SERAP To Pay DSS Operatives N100m For Defamation
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.
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.
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.
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.
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).
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.”
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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.
“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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