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JUDICIARY

You’ve no contract to fix Kwara Hotel, Court tells MM’s Crystal Group

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  • Says govt bears no liability for unsigned agreement

Stephen Olufemi Oni, Ilorin

An Ilorin High Court has struck out a case instituted against the Kwara State Government by the Hon. Moshood Mustapha-owned Crystal Group of Companies Limited over the remodelling of the legacy Kwara Hotel.

Hon. Justice E. B. Mohammed struck out the case after upholding the preliminary objections of the state government on the matter.

The judge said no document was before the court to show that the Crystal Group had any valid contract with the state government to remodel the iconic hotel, shutting down the much-parroted claim that the government had reneged on its commitment with the firm.

The court held that a draft agreement or an unsigned agreement by either of the parties is worthless and cannot cloth Crystal Group of Companies Limited with the legal right to pursue any action against the government regarding Kwara Hotel.

“The claimant’s suit against Kwara State Government on Kwara Hotels is hereby struck out,” the court held, potentially turning the page on the topic.

The government had repeatedly explained that it signed no agreement with the Crystal Group and that whatever talks between them had not reached the level of a legal agreement that is binding on either party.

End

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JUDICIARY

Odinkalu Applauds CJN Kekere-Ekun for Sanctioning Errant Judges

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Professor Chidi Odinkalu, a legal scholar and judicial reform advocate, has praised the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, for her decisive action in addressing misconduct within the judiciary.

The National Judicial Council (NJC) recently sanctioned five judicial officers for professional breaches, including age falsification and other misconducts. The decisions were made during the NJC’s 107th meeting held on November 13 and 14, 2024.

Judges Sanctioned for Misconduct

Among those sanctioned were:

  • Justice Chukwuemeka Chikeka, Chief Judge of Imo State, who was recommended for compulsory retirement effective October 27, 2021. Justice Chikeka was found to have falsified his date of birth, with inconsistencies noted between 1956 and 1958. He was also directed to refund salaries and allowances received after his official retirement date.
  • Hon. Kadi Babagana Mahdi, Grand Kadi of Yobe State, was also recommended for compulsory retirement after discrepancies in his date of birth were discovered. Records showed three different birth dates, while his actual year of birth was determined to be 1952. The NJC found that he should have retired 12 years ago and ordered him to refund salaries and allowances received during this period.
  • Justice G.C. Aguma of Rivers State High Court and Justice A.O. Nwabunike of Anambra State High Court were suspended from duties for one year.

Odinkalu’s Commendation

Reacting to the NJC’s decision, Professor Odinkalu commended the Chief Justice of Nigeria for her swift and decisive response.

“Madam CJN, Kudirat Kekere-Ekun, has acted swiftly on this matter of age falsification by the Chief Judge of Imo State. She has done the right thing the right way,” Odinkalu stated.

He expressed hope that this move would signal a new era of improved judicial standards under Kekere-Ekun’s leadership of the NJC.

NJC’s Commitment to Judicial Integrity

The NJC emphasized its zero-tolerance for misconduct, reiterating its commitment to upholding integrity within the judiciary. The council urged judicial officers to adhere strictly to professional and ethical standards.

The actions taken are seen as a bold step toward restoring public confidence in Nigeria’s judicial system.


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JUDICIARY

Fubara Warns Judges on Conflicting Judgments

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Rivers State Governor, Siminalayi Fubara, has called on judges and lawyers to avoid delivering conflicting rulings, which he says undermine justice and governance. His warning follows conflicting judgments that nearly disrupted the local government election in the state.

Speaking at the 2024/2025 Legal Year ceremony in Port Harcourt, Fubara criticized legal professionals who compromise their integrity for personal gain. He emphasized the sacred role of the judiciary in upholding justice and urged judges to remain steadfast in truth.

“You are the god that we are seeing. Your position is to stand and defend us,” Fubara stated, adding that those who compromise justice would face severe consequences, both legally and morally.

Fubara praised the Rivers State judiciary, particularly the High Court, for their support in maintaining stability despite external pressures. He acknowledged threats and assaults faced by judicial officers but encouraged them to remain resolute in their pursuit of justice.

In his sermon, Bishop Rt Rev Wisdom Budu Ihunwo echoed the governor’s concerns, highlighting the negative impact of conflicting judgments on Nigeria’s unity and governance. The bishop warned that those responsible for such actions would eventually face divine punishment.

Governor Fubara concluded by emphasizing the need for strong institutions to safeguard democracy and ensure societal prosperity.

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JUDICIARY

Court Fixes Nov 8 To Hear NNPCL Staff Cooperative Society Leadership Dispute

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….as defendants allege bias, ask judge to hands off case

From Lateef Taiwo

A High Court of the Federal Capital Territory sitting at Maitama, on Thursday, adjourned further hearing on the leadership crisis rocking the Staff Multipurpose Cooperative society of the Nigeria National Petroleum Company, NNPC, Limited, till November 8.

Justice Charles Agbaza held that the court would on the next date, equally hear a motion that 15 staff members of the NNPCL who are defendants in the matter, filed to disqualify him from presiding over the case.

The defendants, through their team of lawyers led by Mr. Ibrahim Idris, SAN, is asking the judge to recuse himself, insisting they were not comfortable in his ability to resolve the leadership dispute, objectively.

They alleged that some of the interim orders the judge made in the matter reflected his bias against them.

“The defendants, on whose behalf the instant application is brought, have lost total and complete faith and confidence in the ability of the presiding judge in this matter to continue to entertain this suit and serve justice without bias.

“The conduct of the presiding judge during the hearing of this suit, and particularly judging from the nature of the orders of the presiding judge so far in the suit, it only points to one impeachable conclusion that the defendants are not likely to access justice in this honourable court hence the request that the presiding judge recuse himself from further presiding over this suit,” the 15 NNPCL staff members added.

The defendants, in the motion they predicated on Section 36(1) of the 1999 Constitution, as amended, noted that the court had on October 3, while there was a contention between two lawyers over who was validly briefed to represent the Cooperative Society (16th defendant), ordered one Mr. Lekan Ogunbayo to appear to clarify who he had instructed as the President of the Management Committee of the Cooperative, to defend it in the matter.

According to the defendants: “The fulcrum of the substantive suit principally revolves around whether the tenure of the Management Committee led by Mr. Ogunbayo (which had been removed by the Congress of the Association as at then) was subsisting.”

“The status quo ante bellum was that an interim Management Committee led by the 2nd and 3rd defendants as the President and Secretary, respectively, had been appointed by the Congress of the 16th defendant and indeed, had been performing the functions of their offices, hence the challenge of the said decision by Claimants before this honourable court.

“The decision of the Court ordering the appearance of the said Mr. Ogunbayo in the circumstance, had prejudged the suit at the interlocutory stage.

“Furthermore, the order made by the court on 10th October, 2024, directing that the interim order of injunction made on the 30th of May, 2024, shall abide pending the hearing of the consolidated applications and substantive suit without hearing the defendants on whether or not it is suitable to grant an injunction in the circumstance, amounts to a denial of fair hearing of the defendants.

“The decision of the honourable court to extend the interim order of injunction in the circumstance without hearing the other side, amounts to a perversion of justice,” they added.

Justice Agbaza, who acknowledged receipt of the motion, adjourned to hear all the pending applications in the matter.

The suit, marked: FCTHC/ABJ/CV/260/2024, was brought before the court by four aggrieved members of the Cooperative- Eze Onwuneme, Chamberlin Ajagba, Alhaji Ibrahim Yakubu and Bello Mohammed Garba.

Cited as defendants in the matter, are; Engr Josiah Gbemi Omole, Udo Iboro, Ituah Aikhena, Osondu Ibeji, Farouk Achimugu, Prince Etuwewe, Nura Bello, Micheal Adejoh, Sambo Abdulaziz. Vincent Orji, Saint Kamvene, Braimoh Sunday Joseph and Galadima Immanuel.

Other defendants, are; Engr Iliya Yusuf, Musa Garba Abubakar and the NNPC Ltd Staff Multipurpose Cooperative Society itself.

Earlier in the proceeding on Thursday, counsel for the plaintiffs, Mr. George Ibrahim, SAN, indicated his readiness to withdraw a contempt charge his clients initiated against the Director in charge of Human Resources Department of the NNPCL, Mrs. Fatima Yakubu, over an allegation that she flouted the interim orders of the court with respect to the matter.

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