The court vacation embarked upon by the Supreme Court down to the federal and state High Courts since July 15, 2014 seemed to have provided a respite for the parties in the various suits littered across Nigeria’s courts. But as the gates of the courts are fully flung open today, September 15, the legal fireworks are expected to commence, AMEH EJEKWONYILO writes
It is imperative to refresh the memories of our esteem readers with some of the high profile cases from politics to terrorism as well as business. These cases are before the Federal High Court Headquarters in Abuja as well as the various Federal Capital Territory (FCT) High Courts in Abuja and even the apex court.
One of the controversial cases to watch out for as the courts resume full proceedings to mark the beginning of the 2014/2015 Legal Year, is the matter between the Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke and the National Assembly.
Mrs. Alison-Madueke and the Nigerian National Petroleum Corporation (NNPC) are in court to challenge the constitutionality of the Senate and House of Representatives to carry out oversight functions on them. The presiding judge Justice Ahmed Mohammed had at the last sitting before the court vacation fixed September 25 for the argument of the substantive suit.
Two, the suits between the defected federal lawmakers and five governors of the All Progressives Congress (APC) and their former party, Peoples Democratic Party (PDP) are most likely to change the political turf ahead of the 2015 general elections if decided on time either ways.
The cases are before the Federal High Court sitting in Abuja.
Another matter that is of utmost interest to all Nigerians is the suit between the federal government and a serving senator, Alhaji Ali Ndume.
Senator Ndume who is charged with alleged sponsoring of Boko Haram had at the last sitting, told a Federal High Court that his telephone which had been confiscated and in possession of the court was being used to call his new phone numbers.
His lawyer, Mr Rickey Tarfa (SAN) told Justice Gabriel Kolawole of the strange development when Ndume’s trial came up before the court.
Ndume was arraigned on four counts of terrorism, after he was implicated by one Ali Konduga, said to be the former spokesperson for Boko Haram, Ali Konduga had since been convicted and sentenced.
Ndume was arraigned on four counts of terrorism, after he was implicated by one Ali Konduga, said to be the former spokesperson for Boko Haram, Ali Konduga had since been convicted and sentenced. The matter is billed for further trial on 11, 12 and 13 November.
Equally interesting is the suit between the 36 state governors and the federal government over the Sovereign Wealth Fund.
Efforts to resolve the lingering legal battle between the federal government and the 36 state governors of the federation over the management of excess crude account at the last proceedings suffered a setback, as the federal government told a full panel of the Supreme Court that the out-of-court settlement with the 36 states of the Federation over the dispute arising from the maintenance of the Excess Crude Account and the transfer of $1 billion from the account to the Sovereign Wealth Fund (SWF),collapsed for the second time.
With the breakdown in talks, the Supreme Court consequently fixed September 23 for hearing of the application brought by the defendant seeking to amend its statement of defence.
The 36 states of the Federation had dragged the federal government to the apex court praying it to decide whether the states have share in the Sovereign Wealth Fund.
Arguing on behalf of counsel to the 36 state Governors, Yusuf Ali SAN did not oppose the application.
The plaintiffs in the suit are seeking an order of court compelling the government of the federation to pay into the Federation Account N5.51 trillion being the balance of the money that accrued to the central purse between 2004 and 2007 from the proceeds of crude oil sales, petroleum profits tax and oil royalties.
On October 28 ad 29, Hon. Farouk Lawal and Mr. Boniface Emenalo will be appearing before an Abuja High Court in Gudu over bribe allegations.
They were arraigned on a seven-count charge bordering on receipt of bride and abuse of office in relation to the allegation that they received $620, 000 as bribe from the Chairman, Zenon Oil and Gas, Femi Otedola, ostensibly to exclude the names of Otedola’s companies – Zenon Petroleum and Gas as well as Synopsis Enterprises Limited – from the list of companies found to have allegedly defrauded the federal government of billions of naira.
They were earlier arraigned on the same charge before Justice Mudashiru Oniyangi (formerly of the FCT High Court, Maitama) before his elevation to the Court of Appeal some months ago.
The trial judge, Justice Adebukola Banjoko had adjourned to October 28 and 29 for report of appeal and or definite hearing, after counsel to the defendants, Mr. Akinyemi Aremu drew the court’s attention to a pending motion on stay of proceedings at the Court of Appeal.
Justice Banjoko had warned Lawan and Boniface Emenalo to desist from employing “delay tactics” in the defence of their case.
Another matter that has kept the public in suspense is the suit between a former ChairmAn of the PDP, Chief Vincent Ogbulafor and Independent Corrupt Practices Commission (ICPC).
Justice Ishaq Bello of the FCT High Court had reserved July 24 for judgment in the case. He had adjourned the case after the adoption of written addresses by the counsels. But at scheduled date for delivery of judgment, Blueprint learnt that the judgment was not ready.
Ogbulafor was arraigned by the ICPC along Emeka Ebilah, who was a member of National Economic Intelligence Committee (NEIC) over alleged award of fictitious contracts to the tune of N104 million.
Adopting his address, defence counsel James Egwuonwu prayed the court to discharge the accused persons for want of evidence. He said no monies were traced directly to the former PDP chairman or his companies.
Ogbulafor had maintained that he played no role in the award and verification of the contract because he was not a member of NEIC.
The timely dispensation of these matters will undoubtedly determine the political fate of the various litigants who are mostly political gladiators in the forth-coming 2015 general elections!
