BREAKING: CITY LAWYER UNVEILS REBRANDED WEBSITE

CITY LAWYER: THE RELAUNCH! VENUE: ONLINE DATE: 18.03.2025 HIGHLIGHT: WORLD EXCLUSIVE BRACE YOURSELF!

FULL LIST OF 19 ALLEGATIONS OF GROSS MISCONDUCT AGAINST FUBARA

The Rivers State House of Assembly has issued a notice accusing the state governor, Siminalayi Fubara, and his deputy, Ngozi Odu, of alleged misconduct.

Twenty-six members of the assembly made the misconduct allegation against Fubara in a notice sent to the Speaker, Martin Amaewhule, on Monday.

According to the lawmakers, their action follows “Section 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other existing laws.”

They accused Fubara of several offences including reckless and unconstitutional spending of public funds, ans obstructing the Assembly’s activities among others.

The full text of the allegations presented by the lawmakers is provided below:

1. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State refused to present the Rivers State Appropriation Bill, 2024 to the Rivers State House of Assembly contrary to Section 121(1)(2) of the Constitution and disobeyed the order of the Federal High Court in Suit no. FHC/ABJ/CS/1613/2023 which declared that “thus as it stands in law, no Appropriation Bill of Rivers State has been presented neither has any of such Bill being passed into law as the purported presentation, passage and signing into law of the Appropriation Bill 2024 of Rivers State is void ab initio” and ordered him to present the Appropriation Bill 2024 to the House.

2. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State authorised or approved withdrawals from the Consolidated Revenue Fund of Rivers State in the 2024 financial year of Rivers State without an appropriation law duly passed by the Rivers State House of Assembly contrary to Section 120 of the Constitution.

3. ”That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State violated Section 122 of the Constitution by authorising expenditures from the Consolidated Revenue Fund of Rivers State even after the Rivers State House of Assembly declared a shutdown on Rivers State Government expenditure in a resolution passed at the 4′ Legislative day of the Second Session of the 10th Rivers State House of Assembly which held on Monday the 15* day of July 2024, thereby relegating the constitutional resolution passed by the House to the background.

4. ”That on Friday the 28th of February 2025, the Supreme Court of Nigeria before their Lordships Uwani Musa Abba Aji JSC, Ibrahim Mohanned Musa Saulawa JSC, Emmanuel Akomaye Agim JSC, Chioma Egondu Nwosu-Iheme JSC and Jamilu Yammama Tukur JSC in Suit no. SC/CV/1174/2024 restored the kudgment of the Federal High Court in Suit No. FHC/ABJ/CS/984/2024 which confirmed that Sir Siminalayi Fubara GSSRS, Governor of Rivers State never presented an Appropriation Bill for 2024, still does not have an Appropriation Law for 2025 so, ordered that “the Central Bank of Nigeria and the Accountant General of the Federation should forthwith stop releasing and paying to the Government of Rivers State, its organs, departments and officials any money belonging to Rivers State until an Appropriation law is made by Rivers State House of Assembly constituted as prescribed by the 1999 Constitution”.

5. “Hindering or obstructing the Rivers State House of Assembly which is another arm of government protected by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) from performing her constitutional duties.

6. “That His Excellency, Sir Siminalayi Fubara GSSRS ordered and personally supervised the demolition of the Rivers State House of Assembly Hallowed Chamber and Auditorium at the Rivers State House of Assembly Complex, Moscow Road, Port Harcourt on the 13th day of December 2023. This action was in contravention of the ex parte order of the Federal High Court in Suit No.: FHC/ABJ/CS/1613/2013 issued on the 30* of November 2023 which declared “that the Rivers State House of Assembly is a constitutional institution that needs to be preserved pending the determination of the Motion on Notice dated and filled 29th November, 2023.”

7. “That the judgelment delivered on the 220d of January 2024 in favour of the Rivers State House of Assembly where the presiding judge-Justice J.K Omotosho in Suit No.: FHC/ABJ/CS/1613/2013 condemned the act of demolition and stated that “this court finds it strange that the 11th defendant as Chief Executive of the State would go to the extent of stopping the authentic House of Assembly from sitting through devious means such as destroying the House of Assembly Complex” is noteworthy.

8. “That the Supreme Court in Suit No.: SC/CV/1174/2024 delivered on the 28 of February 2025 took judicial notice of the illegal demolition and condemned the action of the Governor of Rivers State wherein it was stated that “surprisingly on 13-12-23, in gross violation of the subsisting Order of the trial court, the appellant demolished Rivers State House of Assembly complex at Moscow Road and secretly arranged four members of the 15 Respondent led by Rt. Hon, Ehie Ogerenye Edison to a place outside the premises of the said House of Assembly and held a sham sitting of the 1s Respondent”.

9. “Appointment of persons to occupy offices/positions in the Rivers State Government without allowing for the requirement of screening and confirmation as prescribed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended), other extant laws but making the request for screening to persons other than the legitimate Rivers State House of Assembly.

10. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State made several appointments which are in contempt of the Order of the Federal High Court in a Judgement delivered in Suit No.: FHC/ABJ/CS/1613/2023 that prohibited him from dealing with any other persons or House other than the Rivers State House of Assembly under the leadership of Rt. Hon. Martin Chike Amaewhule as Speaker.

This judgement which was upheld by the Court of Appeal and the Supreme Court stated among other things that “AN ORDER is hereby made restraining the 11th Defendant from howsoever or in whatsoever manner making any request, presentation or nomination to the Rivers State House of Assembly except to the Rivers State House of Assembly under the leadership of the 2d Plaintiff as Speaker”.

11. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State failed to forward the name of a nominee for appointment as Attorney-General and Commissioner for Justice in line with Section 192(2) & (6) as well as Section 195(1) of the 1999 Constitution as amended to the legitimate Rivers State House of Assembly as declared by the Judgement of the Federal High Court in FHC/ABJ/CS/1613/2023 but chose to announce one Mr. Dagogo Iboroma to assume the said position.

12. “That His Excellency, Sir Siminalayi Fubara GSSRS illegally swore-in several other persons who were purportedly confirmed by certain individuals for appointment into the Rivers State Executive Council on Tuesday 21st May, 2024 namely- Prince Charles O. Beke; Collins Onunwo; Solomon Eke; Peter Medee; Elloka Tasie-Amadi; Basoene Joshua Benibo; Tambari Sydney Gbara and Ovy Orluideye Chinendum Chukwuma without screening and confirmation by the Rivers State House of Assembly in full compliance with Section 192(2) & (6) of the 1999 Constitution as amended. Others who were sworn in on Tuesday 13th of August 2024 are Illamu Arugu; Rowland Obed Whyte; Samuel Anya; Samuel Eyiba and Austin Emeka Nnadozie while Israel Ngbuelu; Evans Bipi;

Otamiri Ngubo and Benibo Alabraba were sworn in on Monday 7th October 2024. Emmanuel Frank-Fubara was sworn-in on the 8th of July 2024 amounting to a total number of 19 persons parading themselves and misleading Rivers people that they are Commissioners with your tacit approval.

13. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State illegally swore-in Mr. Lawrence Oko-Jaja as Chairman; Earnest Ibekwe Ekwe; Mina Ogbanga; Iseleye Amachree and Adokiye Oyagiri as members of the Rivers State Bureau on Public Procurement on Friday 30th of August 2024 without screening and confirmation by the legitimate Rivers State House of Assembly as stipulated in Section 4(a) of the Rivers State Public Procurement Law No. 4 of 2008. Others are Gift Alex-Hart; Grace Osaronu and Selinah Amonieah as members.

14. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State engaged Mr. Goodlife Ben as Chairman; Emmanuel Jaja; Betty Warmate; Jerome Chimenem; Prince Ohochukwu; Philip Okparaji and Christian Amadi as members of the Rivers State Local Government Service Commission without screening and confirmation by the legitimate Rivers State House of Assembly contrary to Section 44(3) of the Rivers State Local Government Law No. 5 of 2018.

15. “That His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State made the illegal appointments and refused to rescind his actions even after several letters were sent to him and published in the electronic and print media following resolutions of the house.

16. “His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State seized salaries of some members of the Rivers State House of Assembly which were hitherto paid monthly from the Ministry of Finance of Rivers State. The month of April, 2024 was the last time monthly salaries were paid to Rt. Hon. Martin Chike Amaewhule; Rt. Hon. Dumle Maol; Hon. Major Jack; Hon. Franklin Uchenna Nwabochi; Hon. Christopher Ofiks Kagbang; Hon. Azeru Opara and Hon. Enemi Alabo George. Others in the same fate are Hon. Granville Tekenari Wellington; Hon. Solomon Wami; Hon. Bernard Mgbar; Hon. John Dominic Iderima; Hon. Queen Uwuma Tony Williams and Hon. Lolo Isaiah Opuende. Hon. Peter Abbey; Hon. Igwe-Obey Aforji; Hon. Justina Emeji; Hon. Ignatius Onwuka; Hon. Chimezie Nwankwo; Hon. Lemchi Prince Nyeche as well as Hon. Barile Nwakoh; Hon. Emilia Lucky Amadi;Hon. Nkemjika Ezekwe; Hon. Davids Arnold Okobiriari; Hon. Sylvanus Nwankwo and Hon. Gerald Oforji are also affected.

17. “His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State seized funds standing to the credit of the Rivers State House of Assembly since the month of April 2024 in a bid to frustrate the House and cripple her activities as well as relegate the Judgement of the Federal High Court in Suit No.: FHC/ABJ/CS/1613/2023 to the background. The Judgement stated that ” AN ORDER OF INJUNCTION is hereby granted restraining the Governor of Rivers State (the 11th Defendant) whether by himself or his servants or agents and/or the executive arm of the Government of Rivers state, including the 12th, 13th and 14th Defendants (by themselves individually or collectively), or by their servants or subordinates from withholding any amount standing to the credit of Rivers State House of Assembly in Consolidated Revenue Fund of Rivers State including salaries and emoluments due and payable to the Speaker, Deputy Speaker, and other members of staff of the House or in any manner whatsoever denying the Rivers State House of Assembly of the due fund for running its affairs including the payment of salaries, allowances, emoluments and meeting its financial obligations no matter how described.”

18. “His Excellency, Sir Siminalayi Fubara GSSRS, Governor of Rivers State illegally withheld the salary of the Clerk of the Rivers State House of Assembly contrary to the Judgement of the Federal High Court in Suit No.: FHC/ABJ/CS/1613/2023 which stated that ” AN ORDER OF INJUNCTION is hereby granted restraining the Governor of Rivers State (the 11h Defendant) whether by himself or his servants or agents and/or the executive arm of the Government of rivers state, including the 12th, 13th and 14th Defendants (by themselves individually or collectively), or by their servants or subordinates from withholding any amount standing to the credit of Rivers State House of Assembly in Consolidated Revenue Fund of Rivers State including salaries and emoluments due and payable to the Speaker, Deputy Speaker, and other members of staff of the House or in any manner whatsoever denying the Rivers State House of Assembly of the due fund for running its affairs including the payment of salaries, allowances, emoluments and meeting its financial obligations no matter how described.”

19. “Mr. Speaker, we conclude by stating that the Governor has shown that he is not prepared to govern Rivers State in line with the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and his oath of office. The Supreme Court in Suit No.: SC/CV/1174/2024 condemned his actions when it stated that “the 8th respondents fear of impeachment by the House of Assembly is no justification for his attacks on the House of Assembly, the Constitution, the Government of Rivers State and the rule of law. Political disagreements cannot justify these attacks and contempt for the rule of law by the Governor of a State or any person. What the 8th respondent has done is to destroy the government because of fear of being impeached”.

CREDIT: THE PUNCH

LAW FIRM WANTS TO HIRE LITIGATION COUNSEL URGENTLY

VACANCY FOR LITIGATION COUNSEL  

A Law firm on Lagos Island requires the services of  Legal Practitioners for immediate employment as Litigation Counsel. 

* Remuneration is attractive and negotiable.

REQUIREMENTS:

* 4 - 8 years post-qualification experience

* Good litigation skills 

* ​​Ability to work with minimal supervision.

Lawyers who meet the above criteria should forward their CVs and Cover Letter to: archivalsc@gmail.com

 

Please ensure that the subject of your email is LITIGATION COUNSEL 

VERY IMPORTANT: Deadline is March  31, 2025

Only shortlisted candidates will be contacted.

'PROF. RASHEED LAWAL IJAODOLA SAN - EXIT OF A LEGAL GIANT,' BY WAHAB SHITTU

PROF. RASHEED LAWAL IJAODOLA SAN - EXIT OF A LEGAL GIANT AND AN EMBODIMENT OF JURISPRUDENCE

By Wahab Shittu 

A terse text message from eminent silk, Rafiu Lawal Rabana SAN, "We lost one of our SANs from Offa, Prof. Rasheed Ijaodola SAN today," jolted me into consciousness immediately l woke up this morning. I felt and still feel devastated and shocked beyond belief.

Here was a man who bestrode our legal landscape like a colossus that he was, and impacted our jurisprudence beyond the contributions of many of his peers.

On a personal level, he influenced my career and always encouraged me to excel. First, as National President of Offa Students Union (OSU), he was a role model who posted phenomenal achievements. He raised the bar of students unionism in Offa so much that many took notice. His activities encouraged me to also aspire to Offa Students' Union presidency. His record as "A Level" student at Kwara Tech, Ilorin, was stellar. He was the first to offer "4 A level courses" at the college with outstanding results. Encouraged by his feat, l also attempted four A level papers. He graduated from the Faculty of Law, University of  Lagos, again my Alma mater.

The departed was a man of high excellence with uncommon passion for education and dissemination of ideas. Many Offa indigenes benefitted from the Summer School programme of his administration as OSU president. A one-man riot squad, the departed raised his voice against injustice and oppression. His famed public statements and releases as OSU National President in Offa raised the populace's temperature and popular consciousness. He was not afraid to take on powerful vested interests and was a lion to elements he perceived as oppressors. Vintage Rasheed Ijaodola was everywhere in his student days, and as a lawyer, he was bold and fearless. He was a courageous man.

Prof. Rasheed Ijaodola SAN mentored many students as Lecturer in the Faculty of Law, University of Ilorin. Many lawyers who passed through his tutelage will always extol his virtues to high heavens. Many offered testimonials of his rating as "The best lecturer in the Faculty." The departed indeed touched lives and impacted scores of generations of students.

When he felt his efforts were not successfully recognised at the University of ilorin, he moved his services to Igbinedion University, Okada in Edo state. He transformed the Faculty of Law in the university, and held sway as the Dean of the Faculty of Law for about 14 years. He was an individual institutional figure at the university, and his record of achievements at the university was unprecedented and stellar.

A man of high excellence, the departed took about four PhD degrees, including PhD in Christian Studies, even if he remained a moslem until death. He was promoted to the professorial cadre and subsequently elevated as a Senior Advocate of Nigeria.

A great family man, the departed raised highly successful children. About three of his children graduated with First Class honours degree at the university and the Law School. One of them Dr. Lawal Ijaodola holds a PhD degree in Law, after posting First Class honours both at the university and the Law School. Dr. Lawal Ijaodola currently practices at the G. O. Elias UK Office where he has been posting remarkable achievements as an Attorney of high distinction. In one of my last discussions with the departed, Prof. Ijaodola SAN extolled the virtues of his son, Dr. Lawal Ijaodola. He informed me of how his son wrote off his medical bills, and like all of his other children, took special care of him. Dr. Lawal Ijaodola is a model son and his father was very proud of him.

Prof. Ijaodola was an extraordinary scholar, mentor and a great motivator.

Popularly known as "Osiapabiekun", the departed was very proud of his Offa roots and  Ajase-ipo ancestry. He prided himself as a Warrior. Indeed, the departed was a warrior-lawyer in and out of the courtroom.

The departed was a kindhearted and generous man.

I recall his last conversation with me. He told me he refused to belong to any cult group. He reminded me that the current Chief of Staff to the President, Femi Gbajabiamila, and former Education Minister, Prof. Mamman Tahir were some of his classmates. He wanted us to continue to support the activities of Offa Students Union.

He also revealed some of his plans. He planned to set up a sprawling law chambers in Offa, and may have started the construction of the project. He wanted building approvals for the project facilitated, and at his request, l introduced one Engineer Muideen from Offa to him to actualize the dream. He told me the said Engineer Muideen will enjoy him if he remains honest and trustworthy. Such was his love for core values.

The departed always spoke his mind and never grudges against anyone.

It is shocking that we lost such a huge brain, a remarkable scholar and a moving jurisprudence. The departed was an encyclopedia of knowledge.

His death this morning is a huge personal loss to me. He encouraged me to take a PhD degree. At a time, he invited me as Guest Speaker to the Final Year graduating students of the Igbinedion University, Okada. It was my first visit to the ancient Okada town. He shared his intimate secrets with me. He showed me love and affection. He influenced my academic and professional career like that of many across ethnicities and throughout Nigeria.

He was a giant.

He was a philosopher-king.

He was a warrior.

He was a good man.

He was controversial because he was a Great man.

In the words of a famed American psychologist, "History does not record the achievements of any great man of vision and dynamism without some comments of controversy." The American psychologist had the late Prof. Rasheed Jimoh Lawal Ijaodola SAN in mind when he wrote those immortal words.

And so with his death this morning, l have lost a great brother, an excellent motivator, a giant of Jurisprudence and a real human being.

May Almighty Allah bless and reward his soul with Aljannah firdaus, Ameen.

Adieu, my philosopher-king.

* Dr. Wahab Shittu SAN is a Senior Lecturer at the Faculty of Law, University of Lagos

ALLEGED $968,000 FRAUD: 'HOW FAKE NIGERIAN ENGINEER DUPED ME' - AMERICAN

The trial of Wawe Eseoghene Nelson, a.k.a "James Andrew Shmit" and "Philip Bradley" before Justice Aliyu Halilu of the Federal Capital Territory High Court, Abuja commenced on Thursday, March 14, 2025 with the presentation of the First Prosecution Witness, PW1, Kathleen Sharp by the Economic and Financial Crimes Commission, EFCC.

Nelson, arraigned on February 11, 2025 is facing prosecution by the EFCC on 11 count-charges bordering on advance fee fraud, impersonation, conspiracy and obtaining under false pretence to the tune of $968,000 (Nine Hundred and Sixty-eight Thousand Dollars), allegedly obtained from two US victims, Sharp and Holly Stamm.

Count one of his charge reads:  “That you, Wawe Esoghene Nelson (a.k.a James Andrew Smith) sometime in 2023 at Abuja within the jurisdiction of this Honorable Court with intent to defraud, obtained the sum of One Hundred and Fifty-Five Thousand Dollars ($155,000) from one Kathleen Sharp, living in the United States of America with Telephone Number +130259***** through Chase Bank with account name Pearl and Allison Llc, account number 952177670, Routing 021000021, account address 35 Knollwood Dr Aptos CA 95003 with bank address at 1990 41st Avenue, Capitola, CA 95010 under the false pretence that you are James Andrew Smith, a Petroleum Engineer from United States of America that is into engineering project, relating to petroleum project which pretence you knew was false and thereby committed an offence contrary to Section 1(1) (a) of the Advance Fee Fraud and other Fraud Offences Act, 2006 and punishable under Section 1(3) of the same Act.”

Count 11 reads: “That you Wawe Esoghene Nelson (a.k.a Philip Bradley) sometime in 2022 at Abuja within the jurisdiction of this Honourable court with intent to defraud, obtained the sum of One Hundred and Twenty Thousand Dollars ($120,000.00) from one Holly Stamm,  a Citizen of United States of America with email address stammu*****2@gmail.com through Bitcoin and under the false pretence that you are James Andrew Shmit a Petroleum Engineer from United States of America that is into engineering project relating to petroleum exploration and that the said sum will be used to secure a petroleum project which pretence you knew was false and thereby committed an offence contrary to Section 1(1) (a)of the Advance Fee Fraud and other Fraud Related Offences Act, 2006 and punishable under Section 1(3) of the same Act.”

He pleaded not guilty to all the charges when they were read to him, prompting his trial.

Led in evidence by prosecuting counsel, Maryam Aminu Ahmed, the witness  narrated how the defendant lured her via the social media into sending him money in the guise of financing a project and would repay her when the project yielded dividends upon completion.

“I was contacted by the Commission that they discovered that I was defrauded by one James Andrew Shmit via social media platform. We communicated over social media where he presented himself as an engineer working at BP Oil in the Gulf of Mexico. 

"He started by asking for funds because he did not have access to his personal funds and the credit situation in connection with the project required a large amount of funds with the promise that it will be returned and he will avail the funds to me. 

"The total funds are $183,000 (One Hundred and Eighty-three Thousand Dollars) through three instalments, one by wired certificate cheque, two instalments by wired transfer. The first one was for $45,500, (Forty-five Thousand Dollars), the second one was $131,000 (One Hundred and Thirty-one Dollars) and the third was $7000 (Seven Thousand Dollars) I wired. 

"I have not been paid my money. After the third instalment, he pushed me to pay another $10,000 (Ten Thousand Dollars), but I did not pay. There was a picture on his profile, he has brown hair and white. I will like the refund of the investment and funds and he should be persecuted for his actions,” she said.

Justice Halilu adjourned to April 16, 2025 for cross examination of the witness.

BREAKING: RIVERS ASSEMBLY ACCUSES FUBARA, DEPUTY OF MISCONDUCT, ISSUES NOTICE

The Rivers State House of Assembly has issued a notice accusing the state governor, Mr. Siminalayi Fubara, and his deputy, Prof. Ngozi Odu, of alleged misconduct.

Twenty-six members of the assembly made the misconduct allegation against Fubara in a notice sent to the Speaker, Martin Amaewhule, on Monday.

According to the lawmakers, their action follows “Section 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and

other existing laws.”

Section 188 of the Constitution deals with "Removal of Governor." Section 188 of the Constitution provides that:

(1) "The Governor or Deputy Governor of a state may be removed from office in accordance with the provisions or Deputy Governor of this section. from office.  

(2) (a) "Whenever a notice of any allegation in writing signed by not less than one-third of the members of the House of Assembly.  

(b) "stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified.  

"The speaker of the House of Assembly shall, within seven days of the receipt of the notice, cause a copy of the notice to be served on the holder of the office and on each member of the House of Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office, to be served on each member of the House of Assembly. 

(3) "Within fourteen days of the presentation of the notice to the speaker of the House of Assembly (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice-, the House of Assembly shall resolve by motion, without any debate whether or not the allegation shall be investigated.  

"They accused Fubara of several offences including reckless and unconstitutional spending of public funds, obstructing the Assembly’s activities, and appointing individuals to government positions without the required screening and confirmation."

Other allegations include withholding salaries, allowances and funds meant for the legitimate Rivers State House of Assembly, as well as seizing the salary of the Clerk, Emeka Amadi.

The lawmakers also accused Deputy Governor Ngozi Odu of “conniving and supporting the illegal appointment of persons to government positions without the required screening and confirmation.”

Upon receiving the notice, Amaewhule forwarded it to Fubara, stating that the allegations were raised by “not less than one-third (1/3) of the membership of the Rivers State House of Assembly.”

He then asked the governor to respond to the allegations, referencing Section 188(3) of the Constitution, which states, “Within 14 days of the presentation of the notice to the Speaker of the House of Assembly (whether or not any statement made by the holder of the office in reply to the allegation contained in the notice), the House of Assembly shall resolve by motion, without any debate, whether or not the allegation shall be investigated.”

THE PUNCH reports that Amaewhule also advised the governor to act accordingly and extended his “esteemed regards.”

MASSIVE CONSTRUCTION OF OVER 300 BUILDINGS FOR OUR DISTINGUISHED SENIOR ADVOCATES OF NIGERIA, THEIR STAFF, JUDGES, LAWYERS, THEIR FRIENDS AND RELATIVES AT THE LAWYERS IN BUSINESS MASS-HOUSING & LAND-BANKING SCHEME

Ramadan/Easter Special Offer guarantees 15% Discount for few available plots.

Hurry and make payment, so you can get the best location in our FCDA ALLOCATED ESTATE;  beneath Galadimawa Hills Abuja.

Suitable for Homes, offices, Staff-Quarters, Apartments for Airbnb and Land-Banking.

50% Deposit gets you in. Balance can be spread into two years of monthly installments.

Earn 5% Facilitator’s/Agency Fee when you refer someone

Call/Chat: 08060266163,08067456723,

Join our group below chat.whatsapp.com/KdH7izgQP4TIk9w3RlZsLS

Join us for more Allocations today Sunday,16th March, 2025, from 4 pm to 7 pm; Saturday, 22nd and Sunday 23rd March, 2025, same time.

Come see yourself or send someone.

Chief Emeka Silas Agbara Esq.

[Senior Associate,  M. I. Dikko SAN & Associates/Director,  Solar For All Ltd]

Administrator, Lawyers In Business Institute

AMCON VOWS TO RECOVER N455 BILLION DEBT ALLEGEDLY OWNED BY ARIK, OTHERS

The Asset Management Corporation of Nigeria (AMCON) says the agency is ready to work in line with its mandate to recover the accumulated debts of over N455 billion allegedly owed by Arik Air Limited (in receivership), and other sister companies belonging to Sir Johnson Arumemi-Ikhide, the promoter of Arik.

AMCON, through it’s Head of Head of the Corporate Communications Department, Mr. Jude Nwauzor, stated this at the weekend, saying that Arumemi-Ikhide, who is the promoter of Arik Air, Ojemai Investment Limited, and Rockson Engineering Nigeria, has been uncooperative towards the agency concerning loan recovery.

Nwauzor said the agency will not be discouraged by the alleged smear campaign and disinformation being peddled by Arumemi-Ikhide and his associates but will remain focused on the recovery of the debts by all legal means in line with the AMCON mandate.

The AMCON spokesman said the claims made by Arumemi-Ikhide that Arik loan in Union Bank was performing and that the receivership was premature are false and misleading. He added that the refusal of Arumemi-Ikhide to settle the debt owed is a “disservice to the commonwealth and the Nigerian people”.

Said Nwauzor: “AMCON continues to face resistance from a number of debtors who are unwilling to pay without a fight.

“One of these debtors is Arik Air Limited (in Receivership), an airline company owned by Sir Johnson Arumemi-Ikhide, who is also the promoter of Rockson Nigeria Limited (a power infrastructure company), and Ojemai Investment Limited.

“These companies’ debts were transferred by various banks to AMCON due to their non-performance, with a total indebtedness of N455, 171, 764, 772. 80 as at December 31, 2024.

“Arik owes AMCON N227,637,469,394.34 billion; Rockson Engineering N163,502, 837, 397.75 billion and Ojemai Investment N14, 031, 457, 980.71 billion.

“The fact of the matter is that no matter the smear campaign he is sponsoring against AMCON, these debts must be recovered one way or the other. The leadership of AMCON currently led by Mr. Gbenga Alade will not deviate from the mandate of AMCON, which is to recover the huge debt owed to the Corporation by recalcitrant obligors like the promoter of Arik Air Limited (in receivership).

“AMCON is used to the cheap strategy of obligors going to any length to assassinate the characters of both AMCON staff and Management; they malign the name of AMCON, intimidate, and harass our personnel with every arsenal at their disposal.

“Amongst several inaccurate claims, the founder of Arik, Sir Johnson Arumemi- Ikhide, has consistently peddled a false narrative regarding his debt to AMCON, claiming that Arik never defaulted in its payment obligations to Union Bank and feigning ignorance of the debt owed to AMCON. He has also alleged that the receivership was premature and claimed his loan was performing.

“These claims are misleading to say the least. The intelligent public must ask, if the loan was performing, why was it sold and restructured, and he (Sir Johnson) even signed the restructuring proposals? And why did he agree to the restructuring if there was no default? Did he fulfill the agreed terms? The simple answer is no because he would not have been where he is today with AMCON if he kept his own side of the repayment agreements.”

It would be recalled that in February 2017, Arik Air was taken over by the Federal Government through AMCON due to the company’s huge debt profile, which was over N300 billion at the time. 

Following the takeover, AMCON immediately dissolved the airline’s management team and appointed a receiver manager. Subsequently, there have been a series of legal battles over the takeover. 

But even at that, NEWSDISH reports that the receivership management at Arik currently led by Captain Roy Ilegbodu as CEO has continued to manage the airline. 

SENATE SET TO PROBE AKPABIO OVER NATASHA'S SEXUAL HARASSMENT CLAIMS

The Senate Committee on Ethics, Privileges, and Public Petitions (SCEPPP) is set to hear testimonies from Senate President, Godswill Akpabio, and Kogi Central lawmaker, Natasha Akpoti-Uduaghan, over allegations of sexual harassment. 

This was confirmed by the Senate Deputy Chief Whip, Onyekachi Nwebonyi, during an appearance on Channels Television on Friday.

According to Nwebonyi, other senators who were present at the time of the alleged incident will also testify before the committee.

“All the parties involved would appear before the Committee, including the Senate President. 

“He would come and testify, and his testimony would be recorded, likewise other senators,” Nwebonyi stated.

Senator Akpoti-Uduaghan, a member of the Peoples Democratic Party (PDP), had alleged that Akpabio sexually harassed her during a visit to his residence in Uyo, Akwa Ibom State, in December 2023. 

She claimed that during the visit, the Senate President held her hand, led her around his house, and made inappropriate advances towards her — even in the presence of her husband.

The allegations have sparked controversy within the Senate and beyond. 

However, Nwebonyi, representing Ebonyi North, dismissed the claims, suggesting they were an attempt to divert attention. He insisted there was no credible evidence to support the accusations.

“In criminal prosecution, there is what we call prima facie evidence, that is, evidence on the surface. If there is no prima facie evidence, then there is no case,” Nwebonyi argued. 

Nwebonyi added, “She knows quite well that what she is saying is to divert attention, but we are not disturbed because we know the truth. 

“On the alleged date of the incident, so many senators were there. I am one of the star witnesses, and I will come and tell the world what I saw.”

The controversy escalated when the Senate suspended Akpoti-Uduaghan, citing violations of Senate rules, shortly after she submitted a petition against Akpabio for sexual harassment and other allegations. Akpabio has vehemently denied the claims.

Refusing to remain silent, Akpoti-Uduaghan took her case to the global stage. 

On Tuesday, she addressed the Women in Parliament session at the Inter-Parliamentary Union (IPU) meeting held at the United Nations in New York.

“I was suspended illegally because I submitted a petition for sexual harassment against the President of the Nigerian Senate, Senator Godswill Akpabio,” she told the gathering. 

She added, “I thought that by submitting the petition, he would recuse himself and both of us would submit ourselves to the Committee on Ethics, Privileges, and Public Petitions for a fair, transparent investigation. But unfortunately, I was silenced and suspended.”

She described her suspension as part of a broader issue of gender exclusion in Nigerian politics, saying, “My suspension is not just about me. It’s about the systemic exclusion of women from political leadership in Nigeria.”

Senate President Akpabio has strongly refuted the allegations, maintaining his innocence and urging the public not to jump to conclusions.

“At no time did I ever harass any woman. I was raised very well by my late single mother, and I have always upheld respect for women. I was even awarded the most gender-friendly governor in Nigeria,” he stated.

Akpabio also acknowledged the intense public scrutiny and growing social media discourse on the issue, calling for restraint. 

He said, “I have been inundated with calls on the matter since February 25. I am aware of the growing discussions on social media, but I urge Nigerians, the media, and social media users to refrain from making conclusions.”

As the Senate Committee prepares to hear testimonies from both parties and other witnesses, the c

ase continues to draw national and international attention, raising questions about gender equity, political accountability, and justice within Nigeria’s legislative system.

* This report originally appeared on Sahara Reporters

FG vs BINANCE: ANY END IN SIGHT TO $81.5 BILLION DEBACLE?

The Nigerian government, through its Federal Inland Revenue Service (FIRS), has filed a suit against Binance Holdings Limited (Binance). The FIRS requested the Federal High Court (FHC) in Abuja to order Binance to pay $79.5 billion and ₦231 million for economic losses allegedly caused by its operations in Nigeria, along with $2 billion in income tax for 2022 and 2023. The suit, marked FHC/ABJ/CS/1444/2024, was brought before Justice Inyang Ekwo of the FHC on 11 February 2025.

As reported by Nairametrics, the suit includes demands for a 10 percent penalty for nonpayment of income tax from 1 January 2023 and a 26.75 percent interest rate from 1 January 2024.

Allegations against Binance

The suit also accused Binance and its executives, Tigran Gambaryan and Nadeem Anjarwalla, of failing to register with the FIRS and causing economic losses to Nigeria, citing breaches of Nigeria’s Companies Income Tax (CIT) Act, the FIRS Act, the CBN Regulatory Framework for Mobile Money Services, and the CIT Significant Economic Presence (SEP) Order. The SEP Order, signed in May 2020, requires foreign companies with significant economic presence in Nigeria to pay taxes.

In an affidavit deposed to by Jimada Mohammed Yusuf, a member of the FIRS Special Investigation Team, the deponent claims Binance operated in Nigeria for over six years without registration and had 386,256 active Nigerian users with a trading volume of $21.6 billion in 2023. The affidavit also accuses Binance of offering financial services without licenses, noncompliance with the Money Laundering Act, and providing currency speculation services without authorization. Binance has denied all charges.

The FIRS, represented by a Senior Advocate of Nigeria, Chief Kanu Agabi (SAN), seeks declarations that Binance is liable to pay corporate income tax and file income tax returns for 2022 and 2023. The court has granted a request for substituted service after attempts to serve Binance directly were unsuccessful. The suit was adjourned to 3 March 2025.

Possible factors behind the suit

The Nigerian government first accused Binance of contributing to Nigeria’s economic instability  in late 2023, claiming Binance facilitated money laundering and manipulated the Naira. In February 2024, Nigeria’s Economic and Financial Crimes Commission (EFCC) obtained a court order compelling Binance to provide information on its Nigerian users. In March 2024, the FIRS came into the picture for the first time, filing tax evasion charges against Binance, accusing the company of defaulting in tax payment and filing tax returns. In June 2024, the FIRS eventually dropped the charges against Gambayan and Nadeem Anjarwalla, allowing Binance to be represented by a local representative.

In January 2024, Binance’s Head of Financial Crimes Compliance, Tigran Gambaryan, arrived in Nigeria following an invitation from a committee of Nigeria’s National Assembly in December 2023. After a meeting between EFCC officials and Binance staff, Gambaryan fled the country, alleging the officials had demanded a bribe of $150 million. 

Gambaryan returned to Nigeria in February 2024 along with Anjarwalla, Binance’s Regional Head for East Africa, following another invitation from Nigeria’s National Security Adviser (NSA), Nuhu Ribadu, who convinced Gambaryan of an amicable settlement with Binance. Gambaryan and Anjarwalla were unexpectedly detained in the NSA’s house with heavy security guard on the claim of a civil resolution of the charges against Binance. Reportedly, Anjarwalla eventually escaped, leading to increased scrutiny and harsher treatment of Gambaryan who was detained for approximately eight months. With the intervention of the US government, the EFCC dropped all charges against Gambaryan and released him in October 2025. The suit against Binance and Anjarwalla remained.

On February 14, in a post on X Gambaryan, narrated his experience in detention in Nigeria. This was preceded by WIRED’s report on 10 February detailing the “untold story” of Gambaryan’s “descent into Nigerian prison.” In his post, Gambaryan alleged that Nigerian officials demanded $150 million to be paid into their private crypto wallets, to drop charges against Binance. Other allegations bordered corruption, abuse of power, and diplomatic fallout between the Nigerian and United States governments.

The Government of Nigeria wrote on X on the same day following Gambaryan’s allegations, to “categorically deny the retaliatory claims made by Mr. Gambaryan against Nigerian officials,” urging the public to disregard his “false accusations.” The government narrated its own side of the story, claiming Binance had offered a bribe of $5 million which the government officials rejected. Considering the timing, is the approximately $81.5 billion court-initiated demand by Nigeria a retaliation to Gambaryan’s recent claims against Nigerian government officials? Meanwhile, the officials named in his post all denied the claims against them. The government, however, admitted the inhumane conditions under which Gambaryan said he was kept. He is currently pursuing human rights enforcement actions against the government.

Will there be any end to this?

* Jude Ayua is a lawyer and policy analyst at Crypto Asset Buyer. He is also an Associate at Infusion Lawyers where he is a member of the Blockchain & Virtual Assets Group. He can be reached at jude@infusionlawyers.com

VACANCY: LAW FIRM TO HIRE YOUNG LAWYER, LITIGATION CLERK URGENTLY

GLASSY GOLD SOLICITORS, a law firm based in Ogba, Lagos Mainland requires the services of a YOUNG LAWYER and LITIGATION CLERK for urgent employment.

YOUNG LAWYER

• The ideal Male candidate must live around Ogba Magistrate Court, Ikeja
• 
  
• 2 to 3 years litigation experience 
• 
  
• Computer literacy
• 
  
• Comfortable Working Environment
• 
  
• To apply, email GLASSYGOLDSOLICITORS@GMAIL.COM

 

MALE LITIGATION CLERK

• Minimum OND Certificate
• 
  
• Computer literacy
• 
  
• Must live in or around Ikeja

This law firm has been VERIFIED by CITY LAWYER.

LAW FIRM DEMANDS RETRACTION OF ALLEGED DEFAMATORY REPORT AGAINST DELTA CULTURE COMMISSIONER

The Seat of Wisdom Law Firm has written the Management of Rutam Press Limited, publishers of "The Guardian" Newspaper to retract an alleged offensive report and apologize to her client or  face legal action.

The report revolves around Mr. Darlinghton Nnamdi Ijeh, the law firm's client. 

The letter, signed by Mr. A. O. Odum SAN, reads in part: “Our Client has informed us that on the 15th of February 2025, at approximately 3:25 AM, a defamatory publication was made by you in The Guardian Newspaper against Our Client, titled: “Ambassador Accuses Delta Commissioner of Alleged Land Grabbing” authored by Mr. Monday Osayande.

“In the defamatory article circulated on the internet and published by Guardian Newspaper Limited on behalf of Mr. Ebele Jude Maduka, it was alleged that our Client was unlawfully attempting to dispossess Mr. Ebele Jude Maduka of his land and had remained incommunicado. 

“Our Client has brought it to our attention that this medium should be used to set the record straight concerning the land transaction between our Client and Mr. Ebele Jude Maduka. Sometime in 2012, Our Client purchased a parcel of land measuring approximately 3 acres, situated at Umuodaukwu, Umuodafe family land, Ibusa, sharing a boundary with the International Airport and adjacent to the Benin-Onitsha Expressway, Ibusa, down to lbusa hinterland in Oshimili North Local Government Area. The land was acquired from Mr. Kenneth Okonji, a registered surveyor from Umuodafe Quarters, Ibusa.

“Mr. Kenneth Okonji acquired the said land as consideration for the layout and perimeter survey he conducted for the Umuodaukwu Umuodafe Village,Ibusa. Upon purchase, our client was put in possession of the land by Mr. Kenneth Okonji. Thereafter, Our Client commenced the process of applying for a grant of Statutory Right of Occupancy over the land.

“By a Certificate of Occupancy No. DTSR 17398, registered as No. 14 at Page 14 in  Volume CO.238 at the Lands Registry Office in Asaba, the Delta State Government granted a Statutory Right of Occupancy to our client over the land, measuring 987.568 square meters, as delineated in Survey Plan No. BJ/DT/Q2/236/2012 attached to the Certificate of Occupancy, for 99 years commencing from April 11, 2013.

A copy of the Certificate of Occupancy and Statutory Right of Occupancy is attached herewith as Annexure 1. Following this approval, Our Client erected a perimeter concrete wall fence with two iron gates and security gatehouses.

“On December 9, 2019, Mr. Ebele Jude Maduka approached our Client seeking to purchase a portion of the land measuring approximately 4 plots (50 feet by 100 feet each). The agreed price was N4, 000,000.00 (Four Million Naira) per plot, totaling N16, 000,000.00 (Sixteen Million Naira). A Deed of Conveyance was duly executed between Our Client and Mr. Maduka for the sale. A copy of the Deed of Conveyance is attached herewith as Annexure 2.

"Payment of the land was made in installments. Based on an oral agreement to secure the land for Mr. Ebele Jude Maduka from being encroached by trespassers and the close relationship that has existed between the parties, Our Client used his personal resources to delineate the land, conduct a survey, and erect a wall fence with a gate to protect Mr. Maduka's property from trespassers. However, Mr. Maduka has failed to reimburse Our Client for the expenses incurred, as per their agreement. “Our client further informed us that, the land covered by Certificate of Occupancy No. DTSR 17398 was subject to a Supreme Court judgment in favor of the Umuodafe community against the Okpanam people. Following this judgment, the Umuodafe community required all landowners in the lbusa axis to rectify their titles.

"Our Client repeatedly informed Mr. Maduka of the need to rectify his title with the community. However, he ignored all communications until the Umuodafe family attempted to reclaim the land due to his failure to rectify his title. 

“Our Client has never attempted to unlawfully dispossess Mr. Ebele Jude Maduka of his land, nor has he made any attempt to seize property lawfully sold. Your publication falsely alleged otherwise and was intended to damage Our Clients reputation.

“You are aware that Our Client is the Commissioner for Culture and Tourism and a member of the Delta State Executive Council. Your defamatory publication was clearly designed to incite the public against Our Client by portraying him as a dishonest, unprincipled, and uncultured public servant. “As a direct consequence of your publication, political figures and associates have distanced themselves from our Client, causing severe reputational damage. Our Prayers-In light of the foregoing, we demand that:

“Immediate retraction and deletion of the defamatory publication in the same medium and prominence as the original publication. 

“Issuance of a written apology to our Client, published in The Guardian Newspaper and circulated online.

“You cease and desist from further defamatory statements regarding Our Client.

“You compensate our Client the sum of N500, 000 (Five Hundred Thousand Naira) for the reputational damage suffered.

"Failure to comply with these demands within Seven (7) days of this letter will leave our client with no option but to pursue legal action to seek redress. This serves as our final notice.” 

The leading newspaper entity is yet to respond to the law firm's demands.

NBA ASKS BANKS TO COMPLY WITH LEGAL PRACTITIONERS REMUNERATION ORDER

The Nigerian Bar Association (NBA) Remuneration Committee, led by Chief Emeka Obegolu, PhD., SAN, has formally notified all banks in Nigeria, to comply with the Legal Practitioners’ Remuneration Order 2023, which took effect on May 16, 2023.  

The Order, issued under Section 15(3) of the Legal Practitioners Act, sets a minimum fee structure for legal services, including property transactions and advisory work, to ensure fairness and transparency. Key provisions prohibit lawyers from accepting fees below the prescribed rates and mandate compliance with the Order for all legal engagements.  

The NBA warned that non-compliance may result in regulatory sanctions and urged all banks to integrate the Order’s provisions into their operations. For further inquiries, the Committee provided contact details for assistance.

CHIEF EMEKA OBEGOLU, SAN. 

Chairman, NBA Remuneration Committee 

RIVERS CRISIS: LAWYERS ASK SUPREME COURT TO REVIEW JUDGEMENT

The protracted political crisis in Rivers State took another twist on Thursday as the Association of Legislative Drafting and Advocacy Practitioners, ALDRAP, asked the Supreme Court to review its February 28, 2025, judgment that restored 27 members of the State Assembly, led by Speaker Martin Amaewhule.

The Supreme Court, in the judgment delivered by Justice Emmanuel Akomaye Agim, also ordered Governor Sim Fubara to re-present the state’s 2025 budget to the Amaewhule-led Assembly.

The apex court, in the same vein, stopped the payment of allocations from the Federation Account to the Rivers State Government. It ruled that funds would be released to Fubara’s government only when a lawful Appropriation Law is enacted by the Assembly led by Amaewhule.

The budget had earlier been passed into law after Fubara presented it to the Victor Oko-Jumbo-led three-man faction of the Assembly.

However, ALDRAP, an association of professional legislative lawyers, is asking the Supreme Court to review the judgment.

The legislative lawyers made the request for a review of the judgment in a letter dated March 13, 2025, and addressed to the Chief Justice of Nigeria, CJN.

According to the letter signed by ALDRAP’s lawyer, Mr. Kenneth Amadi, the request is based on the provisions of Order 8 Rule 16 of the Supreme Court Rules, 2024. Among other contentions, the lawyers argued that the February 28 Supreme Court judgment did not comply with previous apex court verdicts on similar cases.

The letter is titled “Application for Review by a Full Panel of Seven Justices of the Supreme Court of Nigeria of the Judgment of the Supreme Court of Nigeria Dated February 28, 2025, Delivered by Hon. Justice Emmanuel Agim, JSC, and a Panel of Five Justices, Pursuant to Order 8 Rule 16, Supreme Court Rules, 2024, and Other Relevant Laws as the Supreme Court Deems Appropriate.”

Parts of the letter read: “By way of introduction, my name is Kenneth A. Amadi, Esq. I am a legal practitioner and lawyer to the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), which is a professional association of lawyers in Nigeria with its national secretariat inside the National Assembly complex, Abuja.

“We write to request permission to submit an application on the above-named subject matter. This application for a review of the Supreme Court judgment of February 28, 2025, is made in accordance with the Supreme Court of Nigeria Rules, 2024, on the following grounds:

“A full panel of seven judges instead of the five judges that sat on the Rivers State House of Assembly case.

"Failure of the panel of judges to follow and comply with the former judgments of the Supreme Court of Nigeria, such as the case of Attorney-General of Bendel State v. Attorney-General of the Federation (1981).”

In an analysis of the verdict, the Executive Secretary of ALDRAP, Dr. Tonye Clinton Jaja, faulted the Supreme Court judgment for failing to take note of the record of proceedings of the Rivers State House of Assembly concerning the defection of the 27 lawmakers.

Citing a court case, Hon. J. I. Ekpenkhio v. Hon. Matthew Egbadon (1962-2001)1 Legislative Law Reports of Nigeria (LLRN) pages 307 to 336, Jaja said: “The Supreme Court of Nigeria held that the Court has a duty to take judicial notice of the record of proceedings of the House of Assembly as stipulated under Section 73 of the Evidence Act.

“In accordance with the above-named judgment, it is reasonable to expect that the Supreme Court of Nigeria would consider the words and actions of Amaewhule and the 26 others on the floor of the Rivers State House of Assembly during the plenary session in December 2023.

“Ironically, the evidence of the defection of the said 27 lawmakers is contained in the Hansard of the Rivers State House of Assembly of December 11, 2023, when the Deputy Speaker of the Rivers State House of Assembly read a letter of defection on behalf of the 27 lawmakers, including the Speaker. The Speaker then put it to a voice vote, and it was approved by all 27 lawmakers. This was then approved as a resolution of the Rivers State House of Assembly as passed on the 11th day of December 2023.”

Further faulting the judgment, Jaja argued: “There are so many absurdities that Hon. Justice Agim’s interpretation has created, such as the absurdity in his statement that only the offending legislature can declare that a defection has occurred.

“Additionally, Hon. Justice Agim’s interpretation has defeated the very purpose of Section 109(1)(g) of the Nigerian Constitution, considering that, going by his interpretation, it is next to impossible for any lawmaker who is in violation of the said Section to be declared as having vacated his seat if such a declaration is to be made by the Speaker of such a legislature—when the Speaker himself is also one of the lawmakers that has defected, as was the case with the 27 lawmakers of the Rivers State House of Assembly.

“How on earth would any offender readily agree that he or she has committed the crime of defection, which would result in the automatic forfeiture of his or her seat in the legislature, along with the humongous sums of money that are paid as both salaries and allowances to such lawmakers?

“The judicial powers of the Federal Republic of Nigeria are vested in the judiciary for the sole purpose that the judiciary would perform the tasks of undertaking judicial review of the actions of the other two arms of government, namely the Executive and the Legislature. The purpose is to create checks and balances to avoid tyranny by one arm of government.

“Therefore, in the event that an application is made to the judiciary to determine whether the actions of some members of the legislature (in this case, the defection of the 27 members of the Rivers State House of Assembly) are in violation of any section of the Nigerian Constitution, it is the judiciary alone that can adjudicate and make such a determination.

“The judiciary cannot shirk its responsibility to the legislature as Hon. Agim’s judgment has done in this case. It violates the very cardinal principle of justice and fair hearing to ask the legislature to sit as a judge in its own case to determine and declare whether a defection has occurred in violation of the said Section 109(1)(g) of the Nigerian Constitution.”

A SUPREME INIQUITY IN RIVERS STATE? ASKS CHIDI ODINKALU

The political control of the resources of the territory known as Rivers State in Nigeria’s Niger Delta has been a site of curious jurisprudence since the Acting Consul of the Oil Rivers Protectorate, Harry Johnston, procured the judicial liquidation of King Jaja of Opobo in December 1887 in Accra, present capital of Ghana. The charge against King Jaja was the violation of a treaty obligation to assist the British “in the execution of such duties as may be assigned.” At the end of proceedings which lasted less than one day before a forum described by Elvar Ingimundarsson as a “Kangaroo court”, King Jaja was convicted and sentenced to exile. The court also prohibited the people of Opobo from designating a replacement for him.

At the end of February 2025, Nigeria’s Supreme Court continued a tradition of afflicting the people of the territory of Rivers State with curious jurisprudence. Separated by 137 years, the decision of the Supreme Court in the latest of the legal disputes from the political rift between incumbent governor, Siminalayi Fubara, and his predecessor, Nyesom Wike, reprises essential parallels with the trial and exile of King Jaja with haunting similarity. 

Now, as then, the underlying dispute is really about “a treaty”; in this case allegedly between the governor and his predecessor, the terms of which also appear to be about “the execution of such duties as may be assigned….” The court orders are against a ruling figure (Governor Fubara) from Opobo and the political effect is to seek to exile him from office while precluding any other Opobo person from replacing him. 

Context is necessary to understand the case that the Supreme Court had to decide. Going into the 2023 election, the governor of Rivers State, Nyesom Wike, was term-limited. In 2020 and 2021, he publicly declared that he would not impose a successor on the state. In 2023, he did. His choice was a little-known public servant from Opobo-Nkoro, Sim Fubara. After the election, their relationship disintegrated. The reasons are subliminal in this case; the consequences are explicit.

In December 2023, 27 members of the Rivers State House of Assembly loyal to Nyesom Wike, including the Speaker, Martin Amaewhule, ostentatiously announced that they had defected to the ruling All Progressives Congress (APC). In 2015, the Supreme Court of Nigeria ruled that such defection is permissible only if the political party from which the legislators seek to defect is so hopelessly splintered that it “makes it impossible or impracticable for [the] political party to function as such.” If not, according to the court, “the defector automatically looses (sic) his seat.”

With the defection of Martin Amaewhule and his 26 other colleagues, the House of Assembly of Rivers State became factionalised. The remaining five members were loyal to the incumbent governor. Shortly after the defection of the Amaewhule faction in December 2023, the premises of the Rivers State House of Assembly were demolished ostensibly on the orders of the state government. The faction loyal to the state governor relocated to the Government House where, shortly thereafter, they purported to pass into law the 2024 Appropriation Bill for the State, which became law when the governor promptly assented to it.

The outbreak of litigation that followed has been inexhaustible. The appeal determined by a five-person panel of the Supreme Court on 28 February 2025 is one them. Essentially, it sought orders to restrain the Central Bank of Nigeria from remitting to Rivers State, its share of the proceeds from the Federation Account except to finance a budget passed by the Amaewhule faction of the State House of Assembly. In other words, this was litigation asking the judiciary to take sides in what is in fact a very grubby dispute over control of Rivers State’s money. 

This case traveled up to the Supreme Court with supreme alacrity. The Federal High Court delivered judgment on 30 October 2024, a mere three and a half months after filing on 15 July. Not wishing to be outdone, the Court of Appeal delivered judgment on 13 December 2024, less than a month and a half later. The Supreme Court has been equally supersonic in bringing the case to judgment.

The Supreme Court dealt with two issues when it should have addressed at least three. First, it affirmed the jurisdiction of the Federal High Court to hear the case. Next, on the question whether the rump of the House of Assembly of Rivers State loyal to the governor could constitutionally sit to pass the 2024 budget, it held that they could not. In support of this position, the court cited precedent applicable to when the legislature sits on impeachment, a special procedure for which the constitutionally prescribed parliamentary arithmetic is different. 

The third issue, it left unattended. The Court simply proceeded without deliberation or reasoning to grant all the orders asked for.

An injunction, the principal relief sought in this case, is notoriously a remedy in equity, only granted deliberatively. Over one century ago, the path-breaking decision in The Lusitania laid down the principle that “as a general rule of both civil and common law…. the remedy must be commensurate with the injury received.” 

There are four glaring problems with this Supreme Court judgment. The first is not what is in it but what is missing. Lawyers claim that “equity does not act in vain.” The Supreme Court did not bother to provide any reasoning or justification for its orders, leaving it open to legitimate accusations of having acted in vain or in a transaction. Granting the court every latitude on the violations that it found, its orders are an unreasoned overreach. 

Second, ordering the Central Bank to withhold Rivers state’s share of the Federation Account is at best a rogue order that punishes the people for a dispute between politicians. It violates the maxim that “equity regards the beneficiary (in this case the people of Rivers State) as the true owner.” Their right to their share of the Federation Account is antecedent to, independent of, and unconnected with the dispute in this case. 

Third, being aware of the ongoing litigation on the legal consequences of the defection of the Amaewhule faction of the State House of Assembly, the Supreme Court short-circuited a contingent appellate process and issued dispositions on a dispute that was neither before it nor necessary for the determination of the issues it was called upon to decide. In doing so, the court chose with a touch of injudicious shamelessness to accept the invitation to take sides in the underlying political dispute in Rivers State. 

Fourth, the Supreme Court announced revolutionary jurisprudence on the judicial fly, claiming that, in cases where there is a disputed defection, “[o]nly the [legislature] can declare a seat vacant for defection and not the Governor of a State. Not even the Courts can do so.” It takes heedless audacity for an apex court to castrate the judiciary. That is exactly what the court did with this line in italics. When the Supreme Court laid down the contrary principle in 2015, it was by a panel of seven Justices. This Supreme Court purports to overrule that principle without even citing, acknowledging, or considering its earlier decisions on the same point. Moreover, a five-person panel of the Supreme Court cannot overrule a seven-person panel.

When Chief Justice of Nigeria, Kudirat Kekere-Ekun, showed up reportedly to turn the sod on proposed judicial digs with Nyesom Wike last October, there were unheeded warnings then concerning the prohibitive institutional costs of such dalliance with a notorious political litigant who has a reputation for instrumentalising the courts. Many will look at this recent decision from the Supreme Court and say “we told you so.” For the CJN, it will be argued that she was not on the panel; to which the response will be, she chose the judges and constituted the panel.

On 1 December 1887, the Kangaroo court of Rear Admiral Walter Hunt-Grubbe ruled that the presence of King Jaja in Opobo “would be fatal” to British commercial interests and authorised his eventual exile to West Indies. The judgment was widely seen as a transactional travesty and its effect, it was said, was “to haunt the British colonial administration in West Africa for a long time.” It may similarly be said of what the courts of post-colonial Nigeria did in the 137th year of that iniquity that they sought in another transactional travesty to exile another figure from Opobo from his position because his presence would be fatal to the interests of Nigeria’s most prolific political litigant.  

• A lawyer and a teacher, Odinkalu can be reached on chidi.odinkalu@tufts.edu