Sahara Reporters had reported that Zahra Indimi-Buhari and others recently defrauded the country of N51 billìon.

President Muhammadu Buhari’s daughter, Zahra Buhari-Indimi, has given Sahara Reporters a seven-day ultimatum to retract what she describes as an injurious and defamatory publication against her.

She gave the ultimatum in a letter to the newspaper and signed by her counsel, Nasiru Adamu, a Senior Advocate of Nigeria (SAN).

In the letter, Mrs Ndimi also demanded a public apology from the media outfit.

Sahara Reporters had reported that Nasiru Danu, a close ally of President Buhari and some top officials of the Nigeria Customs Service, recently defrauded the Nigerian government of N51 billion.

The newspaper also said the N51 billion was meant “to improve Customs’ revenue”.

It said N2.5 billion was also transferred to a foundation owned by Mrs Indimi for which Mr Danu is a signatory.

Denial

But in her reaction, the president’s daughter denied all the allegations and demanded a retraction.

She also said there was no way Mr Danu could be a signatory in a foundation she owned.

“Our client equally unequivocally states that no any foundation owned by her was transferred or credited with such amount of money (N2.5 billion or any amount) by the said Alhaji Nasiru Haladu Danu or any body from the purported President Muhammadu Buhari’s oil mafia group, and that it is equally not possible for the said Danu to be a signatory to any foundation owned by our client,” the letter said.

Mrs Indimi demanded that the story be pulled down from Sahara Reporters’ website and twitter handle.

Other demands

-A retraction of the said damaging and defamatory as well as the injurious publication.

-A retraction of the defamatory publication made @SaharaReporters tweet in respect of the publication in question.

-A public apology to our client be issued vide your website and twitter account @SaharaReporters be published for seven (7) consecutive days.”

-Public apologies be published in at least three (3) newspapers with online and physical presence across Nigeria for seven (7) consecutive days.

The letter further said: “Please take notice that if you fail to meet the demands of our client as stated above within seven (7) days, we shall proceed to perfect our client’s instruction to seek all remedies available in law to our client.”

Sahara Reporters, an online news platform, whose publisher is Omoyele Sowore, a former presidential candidate and a known critic of Mr Buhari, could not be reached at the time of this report. (premiumtimesng )

A 97-year-old woman who was raped by a 35-year-old man in Yobe State has lamented the horrible event.

Speaking with reporters at the State Criminal Investigation Department in Damaturu, the state capital on Tuesday, the woman said no man had slept with her in the last 40 years.

The woman was violently raped inside her home in Gadaka, Fika local government area of the state by one Mohammed Faruk according to reports across sundry platforms.

She said the suspect broke into her home in February 2021 and violently raped her.

She further alleged that Faruk beat her up and broke two of her teeth before he violated her.

Spokesperson of the State Police Command, Dungus Abdulkarim, said the suspect had since confessed to the crime and had been arraigned before a magistrate court where he was ordered to be remanded in police custody.

Credit: theconclaveng

The Senate said on Wednesday that the National Assembly has resolved to amend the Constitution to ensure gender parity and enact laws to improve the fortunes of women and girls in Nigeria.

The Upper Chamber has also agreed to expunge provisions of the law as contained in the Police Act, Federal Character Law, Electoral Act, Labour Act, Political Parties Constitutions, which infringes on the rights of women in Nigeria.

The Senate also said that it will amend the Nigerian Constitution to include gender parity and to enact laws that will improve a lot of women and girls in Nigeria.

Resolutions of the Senate yesterday were sequel to a motion on the 2021 International Women’s Day Celebration with the theme: “Women in Leadership: Achieving an equal future in a COVID-l9 world #Choose To Challenge”.

It was sponsored by Senator Betty Apiafi, PDP, Rivers West and co-sponsored by Senators Aisha Dahiru Ahmed, APC,  Adamawa Central; Oluremi Tinubu, APC, Lagos Central; Biodun Olujimi, PDP, Ekiti South; Akon Eyakenyi, PDP, Akwa Ibom South; Stella Oduah, PDP, Anambra North;  Uche Lillian Ekwunife, PDP, Anambra South and Chimaroke Nnamani, PDP, Enugu East.

Accordingly, the Senate while urging employers of labour to give women equal opportunities to allow women to achieve their full potentials, called on Nigerians to Maintain a gender-equal mindset and Challenge gender stereotypes and biases.

The Senate has also urged the National Assembly to Challenge and change laws that infringe on women’s rights such as the Police Act, Federal Character Law, Electoral Act, Labour Act, Political Party Constitutions.

It also called on the Ninth National Assembly and the Federal Government to Forge positive visibility for women and celebrate women’s achievements; as well as domesticate all conventions and treaties of the African Union (AU) in respect of gender issues.

Senator Apiafi who came  under Order 42 and 52 of the Senate Standing Rules, noted that the International Women’s Day which is celebrated on the 8th of March every year, “is a day set aside globally to celebrate the social, economic, cultural and political achievements of women.”

“It is also a day to aspire and inspire people to act in the ongoing effort for gender equality. The day seeks to celebrate women’s contributions to society and raise awareness about the fight for gender parity,”

According to her,  “Gender parity is a statistical measure that compares women and men through their income, education, and work hours among other points. It is also an important tool for policymakers striving towards gender equality.

“It is important to note that the global celebration of International Women’s Day is a time for reflection of how far women have come, advocacy for what is still needed, and action to continue breaking down barriers limiting gender equality.

“Aware that this is the 26th anniversary of the Beijing Declaration and the theme for this year’s International Women’s Day Celebration is ‘Women in Leadership: Achieving an equal future in a COVID-l9 world #ChooseToChallenge”. A challenging world is an alert world, from challenge comes change and call out inequality.

“Further aware that the International Women’s Day (IWD) is a global celebration of women and their achievements. It is also a day that seeks to raise awareness of issues affecting women around the world, highlighting initiatives and campaigns focused on improving women’s lives and increasing gender parity (equality between men and women).

“Observes that Given the pandemic, we now more than ever before need to challenge pre-existing biases against women, some of which are systemic, political, cultural, and social. With the pandemic, we have a new barrier which includes an increase in domestic Violence. unpaid care duties, unemployment, and poverty. We have to be intentional about tackling these pre-existing and new biases to give women opportunities to thrive.

“Further Observes that Women are at the frontline of the covid-l9 pandemic as health care workers, caregivers, innovators, etc. Some of the most exemplary and effective national leaders in combatting the pandemic were women. The pandemic has highlighted both the importance of the contributions of women and the lopsided burden women carry.

“Concerned that even at the national level, gender inequality still exists. For instance, there is a record of only one female Governor in Nigerian history and only one female deputy governor while the rest are men. The 9th National Assembly in Nigeria only has a record of seven female senators while the rest are men. Again, there are only seven female ministers in Nigeria and they represent about 15.91% of the entire 44-member ministerial list. This yet again reflects the need for gender equality.

“Convinced that we can all choose to challenge and call out gender bias and inequality. We can choose to challenge stereotypes, broader perceptions, improve situations and celebrate women’s achievements. Collectively we can help to create an inclusive world.”

In her contribution, Senator Stella Oduah, PDP, Anambra North who called for the mainstreaming of women affairs in national planning, said  that in prioritizing the empowerment of the Nigerian woman, “we must create an enabling environment where women can thrive show their innate skills and talent.”

On her part, Senator Olufemi Tinubu, APC, Lagos Central celebrated accomplished women such as the Vice President of the United States, Karmala Harris, and Nigeria’s Okonjo-Iweala who recently became the first female Director-General of the World Trade Organization, however, bemoaned the lack of opportunity for the womenfolk in African countries.

Senator Laura Ladi Dadut, APC, Plateau South) noted  that women will continue to play a critical role in the pandemic world, adding that, “they bear more burden in the home and public.”

In his remarks, President of the Senate,  Senator Ahmad Lawan who noted that the provision of equal opportunities for women would, in the long run, be in the interest of Nigeria as a nation, said, “I believe we are together in this with our women. It is in the interest of our nation that we work together to give our women proper opportunities for them to excel.

“And we must congratulate those who have achieved so much in public lap here as well as in business.

“We congratulate Nigerian women, we congratulate the entire nation, and we believe that we have to do more to give our women more opportunities to serve.”

Vanguard

Judicial officers, prosecutors, and law enforcement officials have participated in a U.S.-funded retreat in Lagos on how to improve the investigation and prosecution of human trafficking cases.

Sponsored by the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs and implemented by the United Nations Office on Drugs and Crime, the retreat provided an opportunity for members of the judiciary and prosecutors at the National Agency for the Prohibition of Trafficking in Persons, to discuss the admissibility of electronic evidence in human trafficking cases under Nigerian law.

During the two-day retreat, participants engaged in a robust dialogue on witness management and protection and shared best practices and insights on broad areas of prosecuting and adjudicating human trafficking cases under the Nigerian judicial system.

United States Consul General Claire Pierangelo noted that the retreat was a key component of a U.S.-funded rule of law project introduced in 2018 titled, “Strengthen the Capacities of State and Non-State Institutions to Assist, Support and Protect Victims of Trafficking (VoT) in Nigeria.”

“We are proud of our continued partnership with the Government of Nigeria with its continued efforts to build upon its successes in ensuring trafficking of persons and smuggling of migrant cases are prosecuted effectively and fairly and those convicted receive the appropriate penalties,” Consul General Pierangelo said.

She explained that under this project, the U.S. government in partnership with the UNODC Nigeria has been providing support to the Government of Nigeria, through the Federal Ministry of Justice, NAPTIP and Nigeria Immigration Service, as well as civil society groups in different thematic areas of trafficking in persons and smuggling of migrants.

The project, Consul General Pierangelo added, has recorded some remarkable achievements such as the establishment of a judiciary resource center at NAPTIP headquarters in Abuja that provides officers access to relevant tools and resources when investigating and prosecuting trafficking in person cases.

Other key accomplishments include support for the establishment of state task forces against human trafficking across the country and the development of a series of awareness materials on trafficking in persons produced for travel agents, airport personnel, flight crews, and passengers.

Credit:thenigerialawyer

— Says Autopsy Reveals Uzonwanne Chidinma Mercy Died Due To Medical Negligence During Surgery

The Nigerian Bar Association [NBA] Gwagwalada branch has petition one Dr. Jide Kudehinbu, to the Mental and Dental Practitioners’ Council of Nigeria [MDPCN], on account of professional misconduct and negligence carried out in surgery, leading to the death of one Uzonwanne Chidinma Mercy.

The petition which was sighted by TheNigeriaLawyer, is dated the 3rd day of March and titled, “Complaint of Professional Misconduct Against Dr. Jide Kudehinbu.” The said petition was further signed by the Chairperson and Secretary of the branch, Isah Aliyu, and Akachukwu Nwoye respectively.

The petition reveals that the late Uzonwanne had approached the Nigerian Air Force Base Hospital [NAF Hospital] at Nnamdi Azikwe International Airport Road, sometime in 2020, after she developed an illness. Diagnosis conducted on her revealed that she had developed fibroid and accordingly, a surgical procedure was expected to be conducted. However, in conflict with a necessary medical procedure, one of the medical practitioners at the Hospital, Dr. Jide Kudehinbu advised her to forgo the surgery at the NAF Hospital, and rather carry out same procedure at his private hospital, Medmore Hospital Clinic, Lugbe, Abuja.

In accordance with his directive, the deceased had undergone the surgical procedure at his clinic on the 13th day of December 2020 and was accordingly discharged, only for her health condition to further deteriorate, whereafter she was readmitted to Medmore Hospital Clinic Lugbe [the clinic owned by Dr. Jide Kudehinbu] three days after the surgery. Despite her readmission, her condition became very critical leading to her decision to re-approach the NAF Hospital, where she underwent corrective surgery.

Nonetheless, her situation was quite critical despite the corrective surgery performed on her by the Hospital, whereafter she collapsed into a coma.

She, however, gave up the ghost at the University of Abuja Teaching Hospital on the 22nd of January, 2021 after being recommended by the NAF Hospital, without coming out of a coma.

An autopsy carried out by the Teaching Hospital, revealed amongst other things that the deceased had suffered; severe cerebral edema, overwhelming sepsis, colonic perforation, renal information, amongst other things, all of which could be traced to the original surgery conducted by Dr. Jide Kudehinbu.

The NBA branch is therefore seeking the MDPCN to cause an investigation into the circumstance of her death, and accordingly punish any erring member of the medical professional in accordance with its rules of operations.

Credit:thenigerialawyer

KATSINA – A senior official of the Nigeria Customs Service has explained how operatives offered bandits seven bags of seized rice to save themselves from the criminals.

Comptroller Aliyu Mohammed, who is the Coordinator of the Sector 4 Command of the Joint Border Patrol Team in the North West, narrated how the incident occurred during a press briefing on Tuesday in Katsina State.

He told reporters that the operatives had to offer seven bags of rice to the bandits who he said were operating in Dutsinma Local Government Area of the state.

Mohammed explained that operatives had entered the bush where the bandits were taking shelter, saying that was the same route that smugglers used to bring contrabands into the country.

“We (the operatives) seized 37 bags of rice and the bandits asked for seven bags before allowing them to pass and save their lives.

“So, you see the risk we take but people, especially those living along the border communities engaged in attacking our officers,” he decried.

The comptroller noted that the sector has intercepted contrabands with a duty-paid value of over N304,325,850.90 and arrested four smugglers in Katsina State from February 1 to date.

He called on the residents to always check the expiry date of any product before use, as well as supporting the customs in their resolve to curb the activities of smugglers in the region.

Other items seized within the period include 1,021 bags of foreign parboiled rice of 50kg, 28,830 litres of petrol, a Toyota Corolla 2020 model, and a Toyota Camry 2016 model, as well as 200 bags of dates of 100kg.

Channels Television had reported on February 2 that items with a duty paid value of N152.866 million were intercepted by the Joint Border Patrol Team in Katsina.

Mohammed had advised residents living around the border to desist from accommodating smugglers and their illegally smuggled items.

He threatened to use Section 8 of the Customs and Exile Management Act (CEMA) to expose all items deposited in various warehouses suspected to have been smuggled into the country.

The customs official had also warned traditional leaders, particularly in Kebbi State to desist from mobilising hooligans to attack the security operatives.

He lamented that a lot of customs personnel were killed, and others injured last year while carrying out their official assignments. (Channels TV)

A businessman, Abideen Adebayo, on Tuesday urged an Ile-Tuntun Customary Court in Ibadan to dissolve the 27-year-old marriage

between him and his wife, Sherifat.

He told the court that Sherifat and two of their four children were in the habit of bettering him, hence his request for divorce.

“Sherifat is such a disobedient and troublesome woman and has repeatedly shown she is not to be a good homemaker.

“Due to her constant nagging, Sherifat abandoned my home for the past six years, but visits at Christmas.

“On Dec. 25, 2020, Sherifat instigated her two
senior-most children to join her in brutalising me.

“I had to invite the police and they were arrested,’’ he said.

The petitioner also told the court that his estranged wife was fond of going to his office to cause trouble.

Adebayo tendered a video recording of his last December bashing at the court.

In her defence, Sherifat, who did not deny allegations levelled against her consented to the suit, but told the court that Adebayo did not care about her and their children.

“Adebayo has played no role in the education of our four children as I had to borrow money to send them to school.

“Moreover, he destroyed my four sewing machines.

“Adebayo was the first to attack me when I arrived at his home on Dec. 25, 2020
when he tore my clothes,’’ she stated.

In her own testimony, the first child of the family corroborated Sherifat’s submission and said her father refused to show any interest in her education
because she refused to wash her step-mother’s menstrual pad.

“My father told me that if I refused to wash his second wife’s menstrual pad, he would not pay my school fees,’’ she said.

Delivering judgment, the President of the Court, Chief Henry Agbaje, condemned the battering of a father by his children and warned the children and their mother to refrain from such disrespectful action.

Agbaje subsequently dissolved the union and directed the four children to stay with whoever pleased them since they were all grownups.

He, however, ordered Adebayo to continue to be responsible for their education and other welfare. (NAN)

Former Aviation Minister, Femi Fani-Kayode has disclosed that suspected bandits’ leader, Iskilu Wakili, who was recently captured by a joint team of security operatives in Oyo State is not a Nigerian.

Fani-Kayode dropped the bombshell on his twitter handle @realFFK on Monday in a series of tweets.

According to him: “Wakili is one of the notorious foreign herdsmen terrorizing Nigeria.”

He also said that Wakili’s son, identified as Abu, was responsible for the recent death of at least 10 persons and urged security operatives to also arrest him.

He congratulated the Aare Ona Kakanfo of Yoruba land, Chief Gani Adams, and other OPC members for the successful capture of Wakili whom he described as the godfather of terrorism in the southwest.

He demanded that Wakili be charged to court as soon as possible as all OPC members arrested in connection with his capture be released immediately.

Read him: “I congratulate my friend & brother, Iba Gani Adams, the Aare Ona Kakanfo of Yorubaland & the OPC for the successful capture of Wakili, one of the most barbaric & notorious foreign Fulani terrorists & cold-blooded killers, in the country. This is the way forward. Kudos!

“There is no doubt that the newly captured Wakili is the godfather of terrorism in the SW. However, the enforcer & “hard man” of his terrorist cell is his son whose name is Abu. Abu killed 10 innocent souls 3 days ago and Chief Sunday Adeyemo (Sunday Igboho), who was utterly enraged, (and who) sent pictures of their bodies to me one hour after they were murdered. I forwarded (the) same to my friend & brother Governor Yahaya Bello of Kogi state who not only forwarded them to the IGP in my presence but also called him and briefed him.

“The IGP assured him that he would take necessary action & look into the matter. Sadly this morning, after the arrest of his father yesterday, Abu has killed 4 more innocent & defenceless souls. This is unacceptable. The boy is just a heartless & vicious beast & worse of all he is not even a Nigerian. He, like his father, Wakili, together with most of the terrorists in our land, is a FOREIGN Fulani & not a local one. I hereby call on the authorities to locate, arrest & prosecute Wakili’s son, Abu, immediately or better still shoot him on sight.

“I also call on them to charge Wakili to court as soon as possible & ensure that he is brought to justice for his horrendous crimes against the people of Ibarapa, Oyo state & the South West.

“Finally, I call for the immediate release of the OPC heroes who arrested the monster.”

In a related development, Governir Seyi Makinde of Oyo has confirmed his knowledge of the arrest of Wakili

Makinde assured stakeholdrs that the interest of Oyo people would be protected in the circumstances.

He appealed to the people of Oyo to remain peaceful and go about their legitimate businesses even as the Police, according to him, were taken steps to deal with the situation. (Theconclaveng)

THE father of one of the abducted Jangebe school girls, who himself had been in captivity, regained his freedom on Monday night with tales of sadness and joy, the News Agency of Nigeria (NAN) reports.

Mallam Iliya Gwaram, who was brought to Government House, Gusau around 9 p.m. on Monday, said he told his daughter not to recognize him in the den of their abductors.

Gwaram, rescued along with nine other victims, including nursing mothers and three toddlers,  driven in a heavily guarded motorcade.

He said: “I have been in captivity with these other people for more than three months when on that Friday morning, l saw the school girls being brought into where we were camped by our abductors.

“At first, l didn’t know who they were or where they were coming from until l saw the face of my scared daughter looking at me.

“I quickly told some of the girls who were brought along with her and sat near me to tell my child not to show any indication that she even knew me.

“The girls were brave enough and they kept our little secret up to the last day of their four days stay with us.

“l never cried in the whole of my life like l cried the day the girls were taken back because l felt it was the last time l would see my daughter.

“Fortunately and unknown to me, my daughter informed Gov. Matawalle of our whereabouts and the poor health conditions we were, which led to our freedom today as facilitated by the governor and his security people,” he said.

On whether money was given to secure their freedom, Gwaram said he did not know as all that mattered to them was to return to their homes.

“Look at those two women that we were rescued along with me, two million naira was said to have been raised by their relatives to give to the bandits more than two months ago.

“But the money could not be traced as it was suspected that it was a different gang that intercepted the man bringing the money and took it from him,” he said.

Gwaram further told NAN that his daughter would continue with her education.

“If she wasn’t educated, she would have exposed me when she saw me and that would have put the two of us in danger.

“I thank God for that and l will continue to pray that such a thing never happens to even my worst enemy,” Gwaram said.

NAN recalls that 279 of the Jangebe school girls, abducted by gunmen from their school on March 2, were released four days later after reported negotiations between the bandits and state government agents, security men and some repentant bandits. (NAN)

How to Recover Property Wrongly Seized by Court. Daily Law Tips (Tip 752) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:   

The result of a court proceeding is a judgment and the enforcement of judgment may include the seizure of property. In a country with no reliable data on population, property ownership and practically anything, it is common to find wrong seizure of property by court staff/sheriffs. In an attempt to seize property of a person in line with an order of court, it is possible for the wrong property or the property of a wrong/unrelated person to be wrongly seized. Like the popular Nollywood actress (Rachael Okonkwo, aka, “Nkoli Nwa Nsukka”) puts it, “mistake hadu aguma” (mistake is everywhere), even in the enforcement of orders of court.

The bad news is that once a property is seized on the orders of a court, it cannot be released without an order of court. Whether the seizure was rightly or wrongly done, is immaterial. The application of force or fraud in recovering a wrongly seized property from court of staff of court is on its own a crime. So, here is how to lawfully recover property wrongly seized by any court in Nigeria. This work focuses on how and who can initiate interpleader proceedings/summons in Nigeria.

Interpleader Proceedings through Appellate Court Judgments: 

The judgments of courts are part of the sources of Nigerian laws. The apex court in Nigeria is the Supreme Court of Nigeria and it is followed by the Court of Appeal and every other courts. This work will use case law (judgments of the Supreme Court of Nigeria and the Court of Appeal) to explain How to lawfully recover property wrongly seized by court (interpleader proceedings) in any part of Nigeria.

1. Nature of Interpleader proceedings:

“The Black’s Law Dictionary, Eighth Edition gives an insight into what interpleader summons is all about by defining the following words or terms “interplea”; “interplead” and “interpleader” on page 838 as follows: -“interplea”. A pleading by which a stakeholder places the disputed property into the Court’s registry; the plea made by an interpleader.” “interplead”. vb. 1. (Of a claimant) to assert one’s own claim regarding property or an issue already before the Court. 2. (Of a stakeholder) to institute an interpleader action, usu. by depositing disputed property into the Court’s registry to abide the the Court’s decision about who is entitled to the property. “interpleader”, n. 1. A suit to determine a right to property held by usu. disinterested third party (called a stakeholder) who is in doubt about ownership and who therefore deposits the property with the Court to permit interested parties to litigate ownership. Typically, a stakeholder initiates an interpleader both to determine who should receive the property and to avoid multiple liability. 2. Loosely, a party who interpleads.” Suffice, it to say that I am of the considered view having regard to the definitions re-produced above that an interpleader summons although founded on the execution of the judgment in a case, is in law separate and distinct from the case in which the judgment that has been executed or enforced was given. In this regard, see also the case of OLATUNDE V. OAU (1998) LPELR – 2575 (SC) wherein the Supreme Court per Iguh, JSC; said thus: –

“It cannot be disputed that in interpleader proceedings, the claimant as a rule is deemed to be the plaintiff and the judgment creditor, the defendant. Accordingly, the onus is generally on the claimant, as the plaintiff in the proceedings, to establish title to the property he claims. However, where the title he claims is not absolute, he must prove the precise interest or title of the nature he has claimed.” See also the case of KALA V. POTISKUM (1998) LPELR – 1648 (SC).”  Per LOKULO-SODIPE ,J.C.A (Pp. 19-21 paras. E-E) in the case of TANGENT LIMITED v. BARR. JUDE I. OGAMBA & ORS (2018) LPELR-44803(CA).

2. Nature of Interpleader proceedings:

“I am of the view that it is necessary at this stage to consider the nature of interpleader proceedings before going into the merits of the appeal. Where a judgment creditor attaches the property of a judgment debtor in satisfaction of a judgment debt and a third party claims ownership of the property attached, the third party files an interpleader summons before the Court for a declaration in his favour in respect of the property in dispute. The burden of proof in interpleader proceedings is the same as in civil causes or matters. He who asserts must prove. See Sections 136 and 137 of the Evidence Act. The claimant must succeed on a preponderance of evidence. The Supreme Court, in the case of Alhaji Musa Kala vs Alhaji Barau Potiskum & Ors. (1998) 3 NWLR (540) 1 at 17-18 H.B per Iguh, JSC elucidated the burden of proof in interpleader proceedings thus: “It is trite that in interpleader proceedings, the claimant generally is deemed to be the plaintiff and the judgment creditor the defendant. Accordingly the burden of proof, again as a general rule is on the claimant as plaintiff in the proceedings. The onus lies on him to establish his title to the property in dispute, or where his claim is not absolute title he must prove the precise interest or title he claimed. Where however, the claimant was in possession of the property at the time of its attachment, it would seem that the judgment creditor shall, in that case, be deemed a plaintiff and the burden of proof shall reverse accordingly. In that case, the onus must be on the judgment creditor to establish his claim.” See also: Jinadu Vs Babaoye (1966) 2 All NLR 241 at 243 and Maigoro Vs Bashir (2000) 11 NWLR (679) 453 at 464-465 E.C.” Per KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN ,J.C.A ( Pp. 9-11, paras. D-A ) in the case of WEST AFRICAN COTTON LTD & ANOR v. MAIWADA (2007) LPELR-5097(CA).

3. Nature of Interpleader proceedings and whether hearing of the proceeding must be by oral or affidavit evidence:

“Interpleader is a proceeding by which a person, who does not himself claim the property, can protect himself from legal proceedings by calling upon the Claimants to interplead, that is, claim against each other so that the title to the property, debt, etc., may be determined. Where a Sheriff seizes or intends to seize goods by way of execution, and a person, other than a Judgment debtor, claims them, the Sheriff institutes the proceedings to determine whether the property belongs to the Judgment debtor (therefore, can be seized), or to the Claimant. Held in the case of OBUMSELI & ANOR v. UWAKWE (2019) LPELR-46937(SC).

4. Purpose of an interpleader:

“The purpose of an interpleader is to seek relief by initiating proceedings to determine whether property or goods the Sheriff has seized or intends to seize, by way of execution, and as herein for sale by auction, belongs to the judgment-debtor, (and therefore can be seized), or to someone else, the Claimant and therefore cannot be seized. This, in effect is the whole purpose and raison-d’ etre of the rule. The Claimant, as herein, can issue an interpleader or by the Sherif for the Judge to summarily determine the question at issue and make an order accordingly on such terms as may be just. The Claimant has the onus to establish title to the property wrongly attached. See the case of BARCLAYS BANK DCO V. J. A. BADERINWA IN RE LEDB (1962) ALL NLR 731 734.”  Per WILLIAMS-DAWODU ,J.C.A (Pp. 20 paras. A) in the case of NATHANIEL BULUS v. A.C. OKPALA & ANOR (2017) LPELR-43423(CA).

5. When an interpleader summons procedure will be applicable:

”Interpleader summons procedure is applicable where the goods and/or chattels of a person not named in the writ of fifa is attached and the person comes forward to claim his property. In such a proceeding, as a general rule, the claimant is deemed to be the plaintiff and the judgment creditor, the defendant. Accordingly, the onus is generally on the claimant, as the plaintiff in the proceedings, to establish title to the property he claims. See Olatunde v Obafemi Awolowo University & Anor (1998) 5 NWLR (pt 549) 178, (1998) LPELR – 2575 (SC), Kala v Potiskum & Anor (1998) 3 NWLR (pt 540) 1, (1998) LPELR – 1648 (SC). Interpleader proceedings are provided for in Section 34 of the Sheriffs and Civil Process Act which states: “34(1) If a claim is made to or in respect of any property attached under process of Court, or in respect of the proceeds or value thereof the registrar may, upon the application of the sheriff, as well before as after any action brought against him, issue a summons calling before the Court the party at whose instance the process issued and the party making the claim. (2) Upon the issue of the summons, any action brought in any Court in respect of the claim or of any damage arising out of the execution of the writ shall be stayed. (3) On the hearing of the summons, the Court shall adjudicate upon the claim, and shall also adjudicate between the parties or either of them and the sheriff upon any claim to damages arising or capable of arising out of the execution of the writ by the sheriff, and shall make such order in respect of any such claim and the costs of the proceedings as it thinks fit.” Held in the case of OBUMSELI & ANOR v. UWAKWE (2019) LPELR-46937(SC).

6.Procedure for bringing interpleader proceedings:

“… the procedure for bringing interpleader proceedings is as stated in Section 34 of the Sheriffs and Civil Process Act and Order VI Rule 6 of the Judgment (Enforcement) Rules, Cap 407 Laws of the Federation of Nigeria 1990 (then in force), set out hereunder: SECTION 34 Sheriffs and Civil Process Act 1. If a claim is made to or in respect of any property attached in execution under process of a Court, or in respect of the proceeds or value thereof, the registrar may, upon the application of the sheriff, as well before as after any action brought against him, issue a summons calling before the Court the party at whose instance the process issued and the party making the claim. 2. Upon the issue of the summons, any action brought in any Court in respect of the claim or of any damage arising out of the execution of the writ shall be stayed. 3. On the hearing of the summons, the Court shall adjudicate upon the claim, and shall also adjudicate between the parties or either of them and the sheriff upon any claim to damages arising or capable of arising out of the execution of the writ by the sheriff, and shall make such order in respect of any such claim and the costs of the proceedings as it thinks fit. Order VI of the Judgment (Enforcement) Rules 4. Commencement of proceedings (1) If the Judgment creditor or plaintiff does not admit the claim, the sheriff shall, unless the claimant has withdrawn his claim, apply for the issue of a summons in accordance with the provisions of Section 34 of the Act. (2) Upon such application, the registrar shall enter interpleader proceedings in the books of the Court, and fix a day for the hearing and prepare and issue interpleader summonses to the judgment creditor or plaintiff and the claimant in such of the Forms in the First Schedule to the Act as are applicable to the case, and make all necessary copies thereof. 6. Claimant to file particulars (1) The claimant shall, within such reasonable time before the return day as the time of service permits, file in the Court registry three copies of the particulars of the property he claims and the grounds of his claim, or, in the case of a claim for rent, particulars stating the amount thereof, and the period and the premises in respect of which the rent is claimed to be due. (2) The claimant shall include in his particulars a statement of his full name, address, and occupation. (3) The registrar shall send copies of the particulars to the sheriff and the judgment creditor; Provided that the Court may, if it thinks fit, hear the proceedings although particulars have not been filed.” Per OLUDOTUN ADEBOLA ADEFOPE-OKOJIE ,J.C.A ( Pp. 31-34, paras. F-B ) in the case of MUHAMMED v. MARTINS ELECTRONICS CO. LTD (2017) LPELR-43138(CA).

7. When an interpleader summons procedure will be applicable:

“It is also a correct statement of the law that Interpleader Summons is the proper process to file when a party claims ownership of a property sold/auctioned to another person in execution of the judgment of a Court. See Kala v. Potiskum (supra), Maigoro v. Bashir (supra).” Per ADAMU JAURO ,J.C.A ( P. 10, paras. A-B ) in the case of DAWOOD GLOBAL INTERGRATED CO. LTD v. GAJERE & ANOR (2017) LPELR-43369(CA).

8. When an interpleader summons procedure will be applicable:

“Relief by way of interpleader is provided for in Section 34 of the Sheriffs and Civil Process Act and in Order 28 of the High Court of Plateau State Civil Procedure Rules and it is at the behest of a person who claims that his property has been wrongly attached in execution of a judgment of Court. Hence, it is stated that interpleader proceedings are initiated when the property of a person not named in a writ of fieri facias or writ of possession is attached in execution of a judgment -West Africa Cotton Ltd Vs Yankara (2008) 4 NWLR (Pt 1077) 323, Ijewere Vs Eribo (2014) LPELR-23263(CA) and Ramada International & Pharmacy Ltd Vs Ezeonu (2016) 14 NWLR (Pt 1533) 339. In other words, interpleader proceedings are inappropriate where the property of a person not named in a writ of execution is not attached by the Sheriff of Court in execution of judgment.” Per HABEEB ADEWALE OLUMUYIWA ABIRU ,J.C.A ( P. 16, paras. A-E ) in the case of DAWOOD GLOBAL INTERGRATED CO. LTD v. GAJERE & ANOR (2017) LPELR-43369(CA).

9. The onus of proof in an interpleader summons proceeding and when same will change:

“It is trite that in interpleader proceedings, the claimant generally is deemed to be the plaintiff and the judgment creditor, the defendant. Accordingly the burden of proof, again as a general rule, is on the claimant as the plaintiff in the proceedings. The onus lies on him to establish his title to the property in dispute, or where his claim is not absolute title, he must prove the precise interest or title he claimed. Where, however, the claimant was in possession of the property in issue at the time of its attachment, it would seem that the judgment creditor shall, in that case, be deemed a plaintiff and the burden of proof shall reverse accordingly.  In that case, the onus must be on the judgment creditor to establish his claim. See Rabiu Jinadu v. Babaoye (1966) 2 All N.L.R. 241 per Taylor, C.J., as he then was. ”  Per IGUH ,J.S.C (Pp. 25 paras. C) in the case of ALHAJI MUSA KALA v. ALHAJI BURAU POTISKUM & ANOR (1998) LPELR-1648(SC)

10. Interpretation of Section 32 of the Sheriffs and Civil Process Act as to claims in respect of property attached in execution of a Court judgment:

“The bond was taken by the Deputy Sheriff under Section 32 of the Sheriffs and Civil Process Act, which provides: (1) Where a claim is made to or in respect of any property attached in execution under process of a Court, the claimant may- (a) deposit with the Sheriff either- (i) the amount of the value of the property claimed; or (ii) the sum, if any, which the Sheriff is allowed to charge as costs for keeping possession of the property until the decision of the Court can be obtained on the claim; or (b) give the Sheriff in the prescribed manner security for the value of the property claimed. (2) For the purpose of this section the amount of the value of the property claimed shall in case of dispute be fixed by appraisement and where that amount is deposited as aforesaid it shall be paid by the Sheriff into Court to abide the decision of the Court upon the claim. (3) In default of the claimant complying with the foregoing provisions of this section, the Sheriff shall sell the property as if no such claim had been made, and shall pay into Court the proceeds of the sale to abide the decision of the Court. I agree with the submission of the appellants that the bond must be read subject to the provisions of Section 32, as the Deputy Sheriff had no authority to take the bond except in accordance with the provisions of that section. It seems to me that the section is designed to protect the Sheriff against any loss or diminution in the value of the property, pending the result of the interpleader proceedings. Any other construction would mean that the assets of the judgment debtor would be gratuitously enhanced at the expense of the sureties.”  Per UNSWORTH ,J.S.C (Pp. 4-6 paras. F) in the case of C. ANUEYIAGU & ANOR v. DEPUTY SHERIFF KANO (1962) LPELR-25152(SC).

Conclusion:

There could be a mistake in the enforcement of an order of a court, which could lead to wrong seizure of property. Since wherever there is a wrong, there is a remedy, the Nigerian law does not allow any person to suffer from such mistakes. So, where there is a wrongful seizure of property, the victim has every right to engage the services of a lawyer and approach a court for remedy. This will include instituting an interpleader proceeding, where the victim must prove that he is rightful owner of the seized property and that the seizure is wrong, since the property does not belong to the judgment-debtor.

My authorities, are:

1. Sections 1, 2, 3, 4, 5, 6, 36, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Judgment of the Supreme Court of Nigeria in the case of BODE THOMAS v. FEDERAL JUDICIAL SERVICE COMMISSION (2016) LPELR-48124(SC).
3. Judgment of the Supreme Court of Nigeria in the case of WITT & BUSCH LIMITED v. DALE POWER SYSTEMS PLC (2007) LPELR-3499(SC)
4. Onyekachi Umah, “Effect of an Application Brought Under a Wrong Order or Rule of Court” (LearnNigerianLaws.com, 8 March 2021) <https://learnnigerianlaws.com/effect-of-an-application-brought-under-a-wrong-order-or-rule-of-court/> accessed 9 March 2021.
5. Onyekachi Umah, “Why Courts Must Hear Stupid Applications/Motions?” (LearnNigerianLaws.com, 17 September 2020) <https://learnnigerianlaws.com/why-courts-must-hear-stupid-applications-motions/> accessed 7 March 2021.
6. Onyekachi Umah, “When Courts Must Refuse To Consider Issues/Applications Before It” (LearnNigerianLaws.com, 10 September 2020) <https://learnnigerianlaws.com/when-courts-must-refuse-to-consider-issues-applications-before-it/> accessed 7 March 2021.
7. Onyekachi Umah, “Oral Application for Bail is Allowed in High Courts” (LearnNigerianLaws.com, 31 August 2020) <https://learnnigerianlaws.com/oral-application-for-bail-is-allowed-in-high-courts/>  accessed 7 March 2021.
8. Chris Admin, “A High Court of the Federal Capital Territory (FCT) ordered the issuance of contempt proceedings against the directors of Diamond Bank PLC” (LearnNigerianLaws.com, 9 August 2018) <https://learnnigerianlaws.com/a-high-court-of-the-federal-capital-territory-fct-ordered-the-issuance-of-contempt-proceedings-against-the-directors-of-diamond-bank-plc/> accessed 8 March 2021.
9. Onyekachi Umah, “You Cannot Enforce A Judgement After 2 Years and 6 Years Against A Party and His Representatives Respectively” (LearnNigerianLaws.com, 1 August 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-154-you-cannot-enforce-a-judgement-after-2-years-and-6-years-against-a-party-and-his-representatives-respectively/> accessed 8 March 2021.

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