Court strikes out N70trn suit against 29 bank accounts owned by suspected looters

By -

*Federal High Court, Lagos 


(Nigeria) A Federal High Court sitting in Lagos has struck out the Federal Government's suit seeking to recover and forfeit the sum of N70trillion it alleged was stashed in 29 bank accounts by looters.

Justice Peter Lifu held that the Federal Government's lawyers and the private lawyers which it subsequently gave a fiat, did not diligently prosecute the case.

The judge expressed shock that the plaintiffs/applicants' counsel from Mohammed Ndarani, SAN, to Femi Falana, SAN "suddenly developed cold feet over this alleged public interest case."

The Federal Government of Nigeria and the Attorney-General of the Federation/ Minister of Justice are the plaintiffs/applicants in suit FHC/L/CS/968/2021.

The 19 Defendants/Respondents, including 17 banks, are Zenith Bank Plc, Polaris Bank Plc, Citi Bank Ltd, Stanbic IBTC Bank Plc, Standard Chartered Bank Plc, Sterling Bank Plc, Union Bank Plc, Unity Bank Plc, Keystone Bank Plc, Heritage Bank Plc, First Bank Plc, United Bank for Africa Plc, Fidelity Bank Plc, Eco Bank Plc, Guaranty Trust Bank Plc, Wema Bank Plc, Access Bank Plc, Nigerian Agip Oil Company Ltd and the Nigerian National Petroleum Corporation.

The government filed the suit through an ex-parte motion of August 5, 2021, before Justice Tijani Ringim during the court's annual vacation.

Justice Ringim upheld the applicants' motion and made an interim order freezing the accounts on August 6, 2021.

Upon resumption from annual recess, the case was re-assigned to Justice Lifu on September 22, 2021.

The new judge began hearing the matter on November 24, 2021, and on May 27, 2022, vacated the ex-parte order following the plaintiffs/applicants' failure to comply with the ex-parte order after over nine months.

Delivering judgment on the substantive suit, the judge criticised the Federal Government for not diligently prosecuting the suit.

Justice Lifu held that since the vacation of the interim order "It has been back and forth, with various excuses, applications for adjournment at the instance of the plaintiffs/applicants counsel, Ndarani, SAN.

"From all indications, the instant case has clearly lost its stance as the plaintiffs/applicants seem not to be interested in the matter any longer having failed consistently to be present in court since December 9, 2021.

"The Chambers of Femi Falana SAN that just filed notice of change of counsel on the last adjourned date has suddenly withdrawn appearance today.

"Going through the originating process by Ndarani, which is no longer extant as the ex-parte order was set aside on May 27, 2022, there is nothing left again for this court to adjudicate upon.

"It is amazing that the plaintiffs/applicants counsel from Ndarani, to Falana, SAN have suddenly developed cold feet over this alleged public interest case which has generated so much public interest on the issue of an alleged N70trillion hidden in some accounts, allegedly belonging to some public officers.

"In the circumstances of this case therefore the application of the Learned Counsel for NNPC, M. T. Danzaki, and Access Bank Plc, I. S. Etefia, succeeds.

"This case is hereby struck out for want of diligent prosecution and I make no order as to cost."

Comments

Post a Comment

Popular posts from this blog

UBTH @50: Obaseki hails institution’s role in strengthening Edo healthcare

By -
Image
(Nigeria) Governor Godwin Obaseki of Edo State, has commended the staff and management of the University of Benin Teaching Hospital, UBTH, for their unwavering commitment, dedication, and hard work in providing high-quality healthcare services to the people of Edo State and Nigeria in the past fifty years. Obaseki, at a dinner organized in honour of the Committee of Chief Medical Directors of Nigeria, at the Government House, Benin City, reassured the government’s continuous partnership and collaboration with the federal government-owned health institution to strengthen the health system and ensure quality health delivery to Edo people. The governor, who was represented by his deputy, Philip Shaibu, reeled out the gains of the government’s reforms in the health sector, commending the medical centre for bolstering the government’s efforts at transforming Edo State into a health hub. He said, "We came into a wilderness where you have to cut a part for yourself and fix it. We held
Read more

NBC has no powers to impose fine on broadcast stations --Court

By -
Image
(Nigeria) The National Broadcasting Commission, NBC, has been restrained by a Federal High Court sitting in Abuja, from imposing fines on broadcast stations in the country. Trial judge in the matter, Justice James Omotosho also set aside the N500,000 fines imposed on March 1, 2019, on each of 45 broadcast stations. The court made the orders in its judgment a suit by the Incorporated Trustees of Media Rights Agenda, MRA, which had sued the NBC. Justice Omotosho held that the NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations. The court further held that the Nigeria Broadcasting Code, which gives the commission the power to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law. He said the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law. He said that the commission did not comply with the law when it sat as a complainant and at
Read more