The Presiding Judge, Kaduna Judicial division of the National Industrial Court, His Lordship, Hon. Justice Sinmisola Adeniyi has dismissed the claims filed by Seagreen Pharmaceuticals firm against her former staff Mr. Adaji Gabriel for lacking merit and substance.

However, the Court held that the action of the Pharmaceuticals firm in retaining the original credential of Adaji Gabriel is not only unlawful but oppressive, ordered the immediate release of his Usman Dan Fodio University certificate, and awarded the sum of Two Hundred and Fifty Thousand Naira [N250,000] damages against the firm for the hardship and suffering inflicted for withholding same.

From facts, the Claimant’s Seagreen Pharmaceuticals had alleged that the Defendant’s Adaji Gabriel had been warned on several occasions on poor performance on execution of duties but despite the warnings, Defendant incurred indebtedness causing a loss to the firm.

The company further alleged that Adaji was summarily dismissed when he refused to make returns of the goods/products and failed to refund the money for the goods, claimed for the sum of Three Million, Ninety-Three Thousand, Six Hundred and Fifty-Three Naira (N3,093,653.00) being the returns sales of product, materials and goods supplied to the Defendant as shown in Adaji ledger of account; N100,000.00 legal fees and N500,000.00 general damages.

In defence, the Defendant’s Adaji contended that after the receipt of his notice of resignation, he was called for account reconciliation and further that he issued a hand over note after the account was reconciled, that the firm is indebted to him for unpaid salaries, floating expenses and commissions, terminal benefits and demanded the release of his original credential which had been withheld by the firm, Counter – Claimed for the sum of N1,033,985.00 total terminal benefits and an order compelling the pharmaceutical company to return his originals credentials amongst others.

In opposition, the firm further averred that the Adaji failed to carry out his responsibilities to recover the debts from customers before he tendered his resignation letter; that the debts recovered had been deducted from the ledger account that Adaji’s had been paid his salaries and bonuses and thereby maintained that the Defendant is indebted to her urged the court to grant the reliefs sought.

Delivering the Judgment, the Presiding Judge, Justice Sinmisola Adeniyi held that no weight can be attached to Adaji’s ledger account in the absence of the maker with regard to the claim of indebtedness.

“Such a document as Exhibit C6- ledger Account, unsigned as it was, is incapable of establishing the fact that Defendant incurred losses and that he is indebted to the Claimant. And I so hold.

“As it stands, there is nothing before the Honourable Court worthy of consideration to warrant granting relief (1) sought by the Claimant.

The court also held that the Adaji Gabriel failed to lead any evidence in support of his entitlement to 7.5% pension contribution and terminal benefit entitlement claimed that an employee who claims must show how he came by the quantum of the sums claimed.

“I am of the view that having voluntarily exited the Company on 07/01/2015 over five (5) years, the act of retaining the original credentials of the Defendant by the Claimant is nothing more than modern-day slavery. It is unfair labour practice, which this Court now has jurisdiction under Section 254C (1) (f) of the 1999 Constitution.” Justice Adeniyi

The Central Bank of Nigeria (CBN) on Wednesday released a new circular clarifying its new rule on receipts of forex inflows from Diaspora remittances.

The CBN made the clarification in a circular titled: “Re: Amendment to Procedures for Receipt of Diaspora Remittances,” dated December 2, 2020, which was signed by its Director, Trade and Exchange Department, Dr. Ozoemena Nnaji.

It explained: “Further to the Circular Ref. No. TED/FEM/FPC/GEN/01/011 of November 30, 2020, on the above subject, we wish to reiterate and clarify to all International Money Transfer Operators (IMTO) the following: IMTOs must ensure that all funds in favour of beneficiaries/recipients in Nigeria be deposited into the agent banks‘ correspondent account.

“Agent banks (Deposit Money Banks) in Nigeria will be responsible for all payment to beneficiaries/recipients either in foreign currency cash (USD) or into the beneficiaries’/recipients’ domiciliary account in Nigeria.

“The mode (if payment either in cash or transfer is at the sole discretion of the beneficiaries/recipients. Please ensure strict compliance and be guided accordingly.”

The CBN had on Monday unveiled a new policy that grants unfettered access to forex from Diaspora and other money transfer remittances like Western Union and MoneyGram. The policy allows beneficiaries of Diaspora remittances through IMTOs to henceforth receive such inflows in the original foreign currency through the designated bank of their choice.

It had explained that the new regulation was part of efforts to liberalise, simplify and improve the receipt and administration of Diaspora remittances into Nigeria.

With the new policy, recipients of remittances may have the option of receiving such funds in foreign currency cash (US Dollars) or into their ordinary domiciliary account.

“These changes are necessary to deepen the foreign exchange market, provide more liquidity and create more transparency in the administration of Diaspora remittances into Nigeria,” the central bank had stated.

Pope Francis on Wednesday condemned the killing of scores of farmers and villagers in northeast Nigeria by suspected Islamist militants as a `terroristic massacre’ that offended the name of God.

Mr Francis spoke of Saturday’s attack during his weekly general audience, held virtually from his library in the Vatican because of the Coronavirus pandemic.

“I want to assure my prayers for Nigeria, which unfortunately once again has been bloodied by a terroristic massacre,” the pope said.

Around 30 of the men were beheaded in the attack, which began on Saturday morning in the village of Zabarmari, and the U.N. estimated that at least 110 people were killed across the Jere local government area of Borno state.

“May God welcome them into his peace and comfort their families, and may he convert the hearts of those who commit such horrors, which gravely offend His name,” Mr Francis said.

There was no claim of responsibility for the attack.

Such massacres have been carried out in the past by Boko Haram or the Islamic State West Africa Province which are both active in the area, where Islamic militants have killed at least 30,000 people.

Thenigerialawyer

Ahead of the review of the 1999 Constitution by the National Assembly, Deputy President of the Senate, Senator Ovie Omo-Agege, has advised Nigerians to perish the thought of a brand new document.

Senator Omo Agege said this when he met with members of Alliance of Nigerian Patriots who paid him a courtesy visit.

The delegation was led by Ambassador Umunna Orjiako.

The Deputy Senate President in his clarification said the parliament was statutorily empowered to carry out amendment of the constitution. He maintained that it has no power to bring forward a new constitution.

Citing sections 8 and 9 of the 1999 Constitution (as amended), the lawmaker argued that only a piecemeal alteration of the constitution was attainable.

While he assured that it was still feasible to return to the parliamentary system of government as practiced in the First Republic, he called on advocates of a brand new constitution to channel their energy towards the ongoing amendment of the constitution by the Ninth Assembly.

“One of the issues you raised is the replacement of the 1999 Constitution. I am not so sure that we as a parliament have the power to replace the constitution. We can only make amendments. And it is explicit in sections 8 and 9 of the Constitution on how we can do that and the requisite number of votes required.

“I say that because there are some top attorneys in this country, who for some reason, keep saying that we don’t even need any of this, that we should just bring a new constitution. We can’t do that.

“What we are mandated to do by law is to look at those provisions and bring them up-to-date with global best practices, especially to the extent that it tallies with the views of the majority of Nigerians. So we are not in a position to replace this Constitution but we can only amend.

“But, like I said, most of the issues you have raised here, like zones replacing states, that’s another euphemism for going back to the regions. We will look into that if that is what majority of our people want.

“You talked about devolution of powers. The preponderance of views we have received so far is that those 68 items are very wide and need to shed some weight and move them to the Concurrent Legislative List.”

The Federal High Court in Lagos Wednesday adjourned till January 16, a suit by the Assets Management Corporation of Nigeria (AMCON) seeking to recover an alleged N924million debt owed by Hardley Apartments, owned by former Nigeria international, Nwankwo Kanu.

Justice Chukwujekwu Aneke fixed the date for hearing of all pending applications.

AMCON filed the suit in 2015 with Hardley Apartments and its Director, Ayoola Gam-Ikon as first and second defendants.

The case was assigned to Justice Okon Abang, but, following his transfer to another jurisdiction, it was reassigned to Justice Aneke.

In December 2015, following AMCON’s application, Justice Abang granted an order freezing the accounts of the former Super Eagles’ captain and Hardley Apartments.

The order, which was to subsist pending the determination of the suit, followed AMCON’s bid to recover the debt.

In an affidavit by a Credit Officer, Mr Victor Igabor, AMCON said between May 2008 and January, 2011, Skye Bank offered Hardley Apartments a loan of N520, 457,000.

It alleged that the hospitality firm based in Victoria Island, Lagos and Gam-Ikon, could not repay the loan.

The defendants’ indebtedness as at October 15 was said to be N924, 788,754.56, representing principal and interest.

AMCON, which bought over the loan, told the court that if the restraining order was not granted, Kanu’s and the company’s assets could be dissipated.

It sought an order attaching the debt due from Hardley Apartments as well as debts accruing from the defendants jointly and severally.

AMCON prayed for an order freezing all accounts belonging to the defendants jointly and severally in any bank or financial institution in Nigeria.

Granting the order, Justice Abang said AMCON could, in the interim, possess all the movable and immovable properties known as Plot 46, Waziri Ibrahim Crescent, Victoria Island, Lagos belonging to Kanu.

The court also froze all accounts belonging to the defendants jointly and severally anywhere and in any bank and any financial institution in Nigeria pending the hearing of the suit.

The case again came up on June 17, 2015 but was adjourned till October 15, 2019 due to vacation in the judiciary, after which it was adjourned to January 28, 2020 and assigned to Justice Aneke.

The Central Bank of Nigeria (CBN) has urged the Federal High Court presided over by Hon. Justice Ahmed Mohammed not to unfreeze the frozen accounts of #EndSARS protesters over alleged terrorism financing.

Besides, the CBN said the action is still under investigation and unfreezing the accounts is likely to jeopardize the process.

TheNigeriaLawyer recalls that the UK Parliaments had earlier criticized FG’s clampdown on #EndSARS protesters by freezing their accounts.

Meanwhile, CBN had filed a counter-affidavit through A.J. Apera, Esq., to a motion on notice filed by Gatefield Nigeria Limited, a company that sponsored freelance journalists to cover the #EndSARS protests in October.

Contrary to the assertion of the Applicant that the accounts were frozen before obtaining a Court order, CBN said it complied with due process in freezing the account by obtaining a Court order dated 4th day of November, 2020.

CBN also said it is imbued with the legal competence to freeze the accounts because it relates to financing and funds being stored in financial institutions.

Besides, it added that the Defendants are still under probe, CBN stated: “That the bank accounts frozen by this honourable court, in this case, are suspected to be involved in transactions bordering on terrorism financing and that the said accounts are being investigated by the Central Bank of Nigeria in that regard.”

Also, CBN deposed that because of the urgency of the situation, there exists no basis upon which they were to be put on notice before the accounts were to be frozen.

“That the allegations involving the defendants’ accounts being investigated by the Central Bank of Nigeria border on terrorism and that there was an extreme urgency warranting the grant of the ex parte order in this suit.”

The CBN, therefore, appeals to the Court “That it will be in the best interest of justice that the instant application be dismissed as the investigations being conducted by the Central Bank of Nigeria in respect of the defendants’ frozen accounts have not been concluded.”

Thenigerialawyer

Employees of Access Bank who were sacked as a result of the ravaging COVID-19 pandemic have taken to the street in protest of alleged non-payment of their entitlements.

TheNigeriaLawyer Recalls that the Group Managing Director of Access Bank, Herbert Wigwe had earlier stated in April via a virtual conference with the Bank’s staff that 75% of contract staff, “non-essential services”, were going to be laid off.

This, he said is in accordance with the realities foisted by the COVID-19 pandemic.

“We probably don’t need as many security men as required, even to the fact that we are not gonna have all our branches open between now and December. We don’t need all the tea girls. We don’t need all the cleaners. We don’t need all the tellers etcetera, etcetera,” he said.

“The second has to do with our professional cost. Now that is one that is very tricky and it is tricky because I do understand and appreciate that its gonna, you know, bring its own pain to staff. We basically have to make the adjustments the same way you sounded when we spoke 10 days ago with respect to basically cutting down the cost.

“I will be the first to take the hit and I’m gonna take the largest pay cut, which would be as much as 40 percent. The rest we would have to cascade right through the institution. Everybody may have to make some adjustments of some sort.”

However, the sacked employees of the Bank are protesting with placards carrying various inscriptions, such as “ACCESS BANK SACKED OVER 1,000 LOYAL STAFF WITHOUT PAY-OFF AFTER DECLARING A PROFIT MARGIN OF N102.3BILLION”.

The candidate of the Peoples Democratic Party (PDP) in the upcoming Lagos East Senatorial By-election, Mr. Babatunde Olalere Gbadamosi, has threatened to drag the spokesperson of the All Progressives Congress (APC), Lagos Chapter, to court if he does not retract his statement wherein he accused Gbadamosi of forging WAEC Certificate.

This is contained in a letter signed by Gbadamosi’s lawyer, Mr. Ebun-Olu Adegboruwa, SAN, dated 2nd December, 2020 sighted by TheNigeriaLawyer.

Gbadamosi said Oladejo had made publications in various newspapers accusing him (Gbadamosi) of forging WAEC Certificate because the said certificate bears only five (5) subjects as opposed to eight (8) subjects that reflect on the website of WAEC

“Ultimately, the purport and clear effect of your statement published to the world is to falsely suggest that our Client, Mr. Babatunde Olalere Gbadamosi, criminally forged his West African Examination Council (WAEC) Certificate. Knowing well that our Client is the flag bearer of the Peoples Democratic Party (PDP) in the coming Lagos East Senatorial election and yourself being the Publicity Secretary of the All Progressives Congress, your ulterior was to smear the name of our Client with a view to portraying him (our Client) as a criminal and a corrupt person who is not fit and proper to hold an elective position.” the letter partly reads

Adegboruwa said since the publication, Gbadamosi has been inundated with telephone calls, visits and enquiries from his friends and family members, colleagues, supporters and sympathizers, both home and abroad.

He added that “the statement was read by persons in different states of Nigeria and different countries in the world. This has caused our Client both mental and psychological torture. Your action has indeed lowered the esteem of our Client, whereas the statements are patently false, malicious and defamatory.”

Adegboruwa, therefore, gave Olalere seven (7) days within which to retract the offending publication, tender an unreserved apology together with payment of N1 Billion or face legal action in court.

In the Memorandum of Claim signed by Adegboruwa, Gbadamosi’s proposed claims are stated to include a declaration that Oladejo’s authored publication reported in several newspapers and online media on or about November 23 and November 24, 2020, is calculated to wrongly expose the Gbadamosi to contempt, ridicule, obloquy and odium in the estimation of right-thinking members of the Society

He will also seek a declaration that Oladejo’s approval and publication of his issued press statements reported in several newspapers and online media, is false, malicious and defamatory.

Other proposed reliefs include an order compelling the Defendant to retract the aforesaid libelous issued statements and “AN ORDER compelling the Defendant to issue to the Claimant, a letter of unreserved apology for the said publication of his issued press statements reported in several newspapers and online media against the Claimant, particularly in the Nigerian Tribune and publish the said letter of apology in four (4) National Newspapers.

“PERPETUAL INJUNCTION restraining the Defendant, whether by himself, agents, servants, employees, privies, assigns, friends or personal representatives, or otherwise howsoever from further publishing, posting or hosting such defamatory statements against the Claimant

“AN ORDER directing the Defendant to pay to the Claimant, the sum of N1,000,000,000.00 (One Billion Naira) only representing aggravated and exemplary damages for the injury, loss and/or likely loss of reputation and character caused the Claimant by the Defendant’s publication”

“AN ORDER directing the Defendant to pay to the Claimant, the sum of N100,000,000.00 (One Hundred Million Naira) only representing general damages over the embarrassment, derision, public ridicule, odium, obloquy, mental agony and psychological trauma caused the Claimant by the Defendants’ publication.”

The Lagos East Senatorial District Bye-election is scheduled to be held on Saturday, December 5, 2020.

The Court of Appeal has dismissed an appeal filed against the decision of the Calabar Judicial Division of the Federal High Court refusing to enforce the fundamental rights of Honourable Justice Akon Ikpeme when the Cross River State House of Assembly refused to confirm her as Chief Judge of the State on discriminatory ground that she poses a security risk, not being an indigene of the State.

The Appeal Court ruled that there was no credible evidence to establish that Hon. Justice Akon Ikpeme was discriminated against warranting her non-confirmation.

TheNigeriaLawyer recalls that the Appellants had attached two Exhibits to their Affidavit before the trial Court, Exhibit 1 was a report recommending the confirmation of Justice Ikpeme as Chief Judge of Cross River State while Exhibit 2 opposed her confirmation, which same were not challenged.

However, the Appeal Court affirming the decision of the Federal High Court, said no credible evidence was placed before it to warrant the reliefs being sought.

TheNigeriaLawyer recalls that the trial Court was beseeched for the following reliefs, which were dismissed:

“1. A DECLARATION that Hon. Justice Akon Ikpeme is a citizen of Nigeria and entitled to be appointed to any office in Cross River State by virtue of her citizenship and is guaranteed the right to freedom from discrimination by the Constitution of the Federal Republic of Nigeria 1999 (as amended).

“2. A DECLARATION that the Non-Confirmation of Hon Justice Akon Ikpeme as the substantive Chief Judge of Cross River State by the Cross River State House of Assembly solely on the basis that she is not from Cross River State is unlawful, unconscionable, discriminatory and amounts to a gross violation of her constitutionally Fundamental Human Rights to freedom from discrimination.

“3. A DECLARATION that the non-confirmation of Hon. Justice Akon Ikpeme as the substantive Chief Judge of Cross River State by the Cross River State House of Assembly on the basis that she is not from Cross River State and therefore a security risk is a violent contravention of her Fundamental Human Rights to freedom from discrimination.

“4. AN ORDER setting aside the decision of the Cross River State House of Assembly made on the 2nd of March, 2020 as to the Non confirmation of Hon. Justice Akon Ikpeme for being a nullity as same is in gross violation of her fundamental right to freedom from discrimination.

“5. EXEMPLARY AND SPECIAL DAMAGES in the sum of N50,000,000.00 (Fifty Million Naira only) against the Respondents jointly and severally for the untold hardship and public ridicule/humiliation suffered by Hon. Justice Akon Ikpeme as a result of the violation of her right to freedom from discrimination.

“6. AND for such further or other Order(s) as this Honourable Court may deem fit to make in the circumstances of this application.”

*Youths burn suspect’s house

An electrician, Bright Odi (33), has died after he was allegedly kicked on the scrotum by Victor Iwu at Umueje Obinze, Owerri West Local Government Area of Imo State.

Iwu and Odi were allegedly quarrelling on how to share the bride price of their sister who got married on Sunday.

It was gathered that the victim fell and started writhing in pains after the kick. He was rushed to the hospital where he died the following day.

Angry youths yesterday besieged Iwu’s family home and set it ablaze when they didn’t meet him there.

Interim Chairman of Owerri West, Okechukwu Enyioha, said he has called security agencies to take over the matter.

Police spokesman Orlando Ikeokwu said the Commissioner of Police, Isaac Akinmoyede, has ordered that the case be transferred to the State Criminal and Intelligence Department for investigation.

Thenigerialawyer