Tag Archives: Court

Nigeria loses $1bn in law suit against Shell, Eni in the UK

A court in the United Kingdom has dismissed a $1bn bribery suit instituted against oil giants – Royal Dutch Shell and Eni by – the Federal Government of Nigeria, Bloomberg reports.

The judgement was delivered by, Christopher Butcher at a virtual hearing on Friday, putting to rest the long-standing trial on the Malabu oil deal of 2011.

The Christopher Butcher ruled that no English Court had the jurisdiction to try the case since it involves the same essential facts as a separate Italian criminal case.

The ruling connotes victory for the oil companies involved in the case, which have been clouded by accusations in a years-old dispute over exploration rights to a tract in the Gulf of Guinea called Oil Prospecting License 245 that has spread to courtrooms throughout Europe.

The Nigerian government accused the companies of diverting the monies that were paid for the acquisition of the oil exploration licence in 2011 to bribes and kickbacks.

It says Shell and Eni are partly responsible for the behaviour of Nigerian officials who used a $1.1bn payment to acquire the oil block for personal enrichment. Shell and Eni have denied any wrongdoing.

“We maintain that the 2011 settlement of long-standing legal disputes related to OPL 245 was a fully legal transaction with Eni and the Federal Government of Nigeria, represented by the most senior officials of the relevant ministries,” Shell said in a statement.

The Nigerian government said in its own statement that the Italian criminal case has a completely separate legal basis from the UK civil case and it would seek permission to appeal.

Eni reportedly declined to comment on the matter.

The ruling does not affect ongoing Italian criminal proceedings, where Nigeria has a separate legal claim.

The Malabu scam, described as one of the most fraudulent oil deals in the world, involved the payment of $1.1bn by oil giants, Shell and Eni, to the Federal Government accounts in 2011 for OPL 245, said to hold reserves of about 9.23 billion barrels of oil.

Man To Die By Hanging For Using Niece For Ritual

Justice Adolphus Enebeli of the Rivers State High Court sitting in Port Harcourt, the Rivers State capital, has sentenced one Ifeanyi Maxwell Dike to death by hanging for the killing of an eight-year-old girl, Victory Chikamso, for money rituals.

Also sentenced to death was one Ugochukwu Nwamairo, Dike’s accomplice who requested for the victim’s body parts.
An ex-police sergeant, Johnbosco Okoronze, will serve one year at a correctional centre for Dike’s escape from custody.

Dike, a 200-Level Physics student of the University of Port Harcourt, (UNIPORT), on August 18, 2017 strangled the child who was also his niece.

Chikamso’s body parts such as breast, private part, fingers, ear, heart and eyelid, among others, were missing when her remains were found with Dike.

He was on his way to the community central trash bin at midnight to dispose of what was left of the child’s body when he was apprehended by community vigilance personnel and handed over to the police.

Dike and Nwamiro were found guilty of conspiracy and murder.
Sentencing them, Justice Enebeli pronounced that Dike should be hanged by the neck until he died, while Nwamiro should be hanged upsidedown.

The court explained that the ex-police sergeant was sentenced to just one year jail term because he had already served two years in prison from the time he was arrested, and that he has been dismissed from the police.

PDP’s Adeleke not qualified to contest for Governorship – Court

A Federal High court sitting in Abuja has declared that the candidate of the Peoples Democratic Party (PDP) Ademola Adeleke who contested the 2018 governorship election in Osun state was never qualified to contest.

The ruling was based on a suit filed by Wahab Raheem and Adam Habeeb, two chieftains of the All Progressives Congress (APC).

The suit sort to disqualify Adeleke over allegations that he was not in possession of secondary school certificate (SSCE).

The certificate is required for an elective position, according to section 177 (d) of the 1999 constitution.

The West African Examinations Council (WAEC) had confirmed that Adeleke sat for its examination in 1981.

The council confirmed Adeleke’s participation in an affidavit provided at the request of the court. However, in his ruling Othman Musa, the presiding judge, added that while the court found that Adeleke entered secondary school in 1976, it was not able to prove that he actually graduated as his name was no longer seen in the school’s register from 1980.

Based on that, the judge further said the result Adeleke attached to his form CF001 which he submitted to the Independent National Electoral Commission (INEC) was fake.

He added that it was found to be different from the one presented to the court by the principal of Ede Muslim High School, Ede, Osun, where Adeleke supposedly graduated from, TheCable reports.

In a swift response, Nathaniel Oke, Adeleke’s lawyer, decried the judgment of the court and vowed to appeal the ruling in a higher court.

Oke argued that judge erred in law by going out of his way to source evidence to arrive at his “unjust conclusion”, while “ignoring” WAEC evidence that Adeleke possessed the certificate.

Recall that the state governorship election petition tribunal last two weeks had declared Adeleke as winner of the September 2018 election in the state.

In its ruling, tribunal the held that the rerun election conducted in the state which saw the emergence of Gboyega Oyetola as governor, after the initial poll, was illegal.

INEC had announced Gboyega Oyetola of the All Progressives Congress (APC) as winner of the election.

But the PDP and Adeleke filed a petition at the tribunal, challenging Oyetola’s victory.

Supreme Court’s has the final say on Zamfara APC primaries – INEC

The Independent National Electoral Commission (INEC) has said that it will rely on the ruling of the Supreme Court before taking any decision on the primary elections of the All Progressives Congress(APC) in Zamfara State.

Recall that INEC had withheld certificates of return of the state Governor-elect, Alhaji Mukhtar Shehu, following the judgment of the Court of Appeal in Sokoto.

However, the APC and her governor-elect,have repeatedly insisted that the Court of Appeal did not nullify their primary elections.

INEC’s National Commissioner and Chairman of its Information and Voter Education Committee, Festus Okoye, on Monday in Abuja, said the commission would remain law-abiding.

He said, “The Independent National Electoral Commission is a law-abiding institution. It is the policy of the commission to obey court orders and court decisions.

“The commission took the decision to exclude the candidates of the All Progressives Congress from the list of nominated candidates on the grounds that the party did not conduct primary elections.

“The party has taken the matter to the Supreme Court and it is only rational and prudent to wait for the decision of the Supreme Court before proceeding. The commission took a cautionary approach in suspending further issuance of certificates of return to the members-elect of the state assembly, the deputy governor-elect and the governor-elect. The commission will abide by the decision of the Supreme Court on the matter.”

He added, “The commission does not have any interest in who becomes the governor of Zamfara State but is only interested in the processes and procedures leading to the declaration of results and issuance of certificates of return.

“We are confident that the Supreme Court will conclude the hearing of the matter and deliver its judgment before the inuguration of elected members of the national and state assemblies.

“We believe that the people of Zamfara State deserve to know who their governor and representatives are before the terminal date of this regime.

The commission receives dozens of letters daily. The commission replies letters it receives but takes decisions based on the orders and judgments of courts.

“The commission studies the judgments and takes its decisions based on the judgements and orders and not based on the opinions and decisions of lawyers.”

Several ‘flaws’ Identified In Atiku’s Presidential Election ‘server Result’

The computation of presidential election results filed before the elections petition tribunal by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, shows that all accredited votes cast in 33 states of the federation were shared between him and President Muhammadu Buhari.

Mr Buhari was declared the winner for a second term of four years with 15,191,847 votes to defeat Mr Abubakar who polled 11,262,978 votes. The two got lion share of the 27,324,583 valid votes recorded in the election. Over 1.2 million votes were also voided in the course of the election.

However, excerpts of court filings published by PREMIUM TIMES give Mr Abubakar’s state by state breakdown of votes which, he claims, placed him ahead of Mr Buhari with 18,356,732 against the incumbent’s 16,741,430 votes. The result is exclusive of figures from Rivers State.

The Flaws

Mr Abubakar’s purported result implies that no invalid votes were recorded in the 33 states, and none of the 71 other presidential candidates obtained any score.

In three states; Abia, Bauchi and Cross River, the documents show that the two candidates collectively got votes higher than the number of accredited voters.

Mr Abubakar claims that he obtained the results from the server of the electoral commission, INEC.

The document is included in the petition filed by Mr Abubakar in a suit seeking his declaration as the validly elected president.

The purported result shows that Mr Abubakar defeated the incumbent president by a margin of 1.6 million votes.

The ruling All Progressives Congress (APC) has dismissed the alleged figures as a product of the opposition’s “hallucination.”

Different result:

Contrary to Mr Abubakar’s computation, INEC’s official result obtained from the electoral commission’s website show that all the 73 candidates who participated in the election scored some votes.

The result showed that 71 other candidates in the election shared the remnants of 869,758 valid votes collated.

The person who came a distant third in the election, Felix Nicholas, of the Peoples Coalition Party (PCP) scored a total of 110,196 votes.

He was followed by Obadiah Mailafia of the African Democratic Congress (ADC) who polled 97.874.

Gbor Terwase of the All Progressives Grand Alliance (APGA) clinched the fifth position with 66,851 votes.

Candidates with least scores are Angela Johnson of Alliance for a United Nigeria (AUN) with 1,092, Abah Elaigwu of Change Advocacy Party (CAP) with 1,111 and Edosomwon Johnson of the Nigeria Democratic Congress Party (NDCP) with 1,192 votes.

The Atiku result

In Mr Abubakar’s home state of Adamawa, where INEC officially declared Mr Abubakar winner with 412,266 against Mr Buhari’s 377,488, Mr Abubakar claims that he got 646,080 out of the total 815,680 accredited voters with Mr Buhari scoring 161,600. The result show only the two got all the possible votes.

In Akwa Ibom, Mr Abubakar and Buhari, according to the computation, received all the votes by the 925,370 accredited voters with Mr Abubakar polling 587,431 votes ahead of Mr Buhari’s 337,939.

It is another clean sweep in Enugu as Mr Abubakar claimed that the state’s 965,940 accredited voters gave him 698,119 as against 267,821 for Mr Buhari.

The 1,169,303 voters accredited in Sokoto State, according to the purported result, all shared their votes between Mr Abubakar (552,172) and Mr Buhari (617,131).

Mr Abubakar’s 442,380 votes allegedly polled in Taraba and Mr Buhari’s 188,389 votes put together represent 630,769 total accredited votes for the state.

Yobe’s 750,745 accredited votes, Mr Abubakar claims, were shared in total between him and Mr Buhari who got 443,904 against Mr Abubakar’s 306,841

In Zamfara, the result shows that total accredited votes of 792,796 were shared between Messrs Abubakar and Buhari with the former having 379,022 while the latter got 413,774.

Irregularities?

Aside the exactitude between summation of figures for the two candidates and the number of accredited voters, there are other issues that are either arithmetic errors or over voting.

In Abia, for example, 853,050 were recorded as “accredited voters (actual)” but the sum of the votes allotted to Mr Abubakar and Buhari alone, outshot the accredited voters by 10,000.

Mr Abubakar, according to the result, polled 664,659 while Mr Buhari obtained 198,391.

It is a similar case in Bauchi, where the total for Messrs Abubakar and Buhari’s purported votes outnumber total accredited voters by 287 votes.

Mr Abubakar claims 187,668 votes a far cry from 854,037 the document said Mr Buhari obtained. The summation comes to 1,041,705 while the document gives the total accredited voters as 1,041,418.

In Cross River, the document shows that votes obtained by the two leading candidates amount to 691,640 which is higher than the 690,890 accredited voters’ figure by a total of 750 votes.

Tribunal Continues Sitting

The presidential election petition tribunal has continued to hear Mr Abubakar’s petition against Mr Buhari’s victory.

On Monday, the tribunal granted Mr Abubakar and the PDP the permission to serve the petition on Mr Buhari and the APC through substituted means.

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