The Supreme Court has reversed its earlier decision which dismissed an appeal by Guaranty Trust Bank (GTB) against a N2.4 billion judgment given in favour of Innoson Motors Nigeria Limited by the Court of Appeal in Ibadan, Oyo State.
A judgment delivered on Friday by a five-member panel, led by Justice Olukayode Ariwoola held unanimously that the Supreme Court erred when, in a ruling on February 27, 2019, it erroneously dismissed the appeal marked: SC/694/2014 filed by GTB.
In the lead judgment, written by Justice Tijani Abubakar, but read on Friday by Justice Abdu Aboki, the court held that it was misled by its Registry, which failed to promptly bring to the notice of the panel that it sat on the case on February 27, 2019, and that GTB had already filed its appellant’s brief of argument.
The judgment was on an application by GTB seeking the re-listing of the appeal on the grounds that it was wrongly dismissed.
The Supreme Court said had the panel that sat on the case on February 27, 2019, been notified of the existence of the appellant’s brief of argument, it would not have given the ruling which dismissed GTB’s appeal on grounds of lack of diligent prosecution.
Relying on Order 8 Rules 16 of the Supreme Court’s Rules, Justice Abubakar, in the lead judgment, held that the apex court has the power to set aside its decision in certain circumstances, like any other court.
He added that such circumstances include where there is any reason to do so, such as where any of the parties obtained judgment by fraud, default or deceit; where such a decision is a nullity or where it is obvious that the court was misled into giving a decision.
Justice Tijani held that the circumstances of the GTB case fall into the category of the rare cases where the Supreme Court could amend or alter its own order on the grounds that the said order or judgment did not present what it intended to record.
“I am convinced that at the material time that the appellant’s appeal was inadvertently dismissed by this court, there was in place, a valid and subsisting brief of argument filed by the applicant.
“It will be unjust to visit the sin of the court’s Registry on an innocent, vigilant, proactive and diligent litigant.
“It is obvious from the material before us, that there were errors committed by the Registry of this court, having failed to bring to the notice of the panel of Justices that sat in chambers on the 27th February 2019 that the appellant had indeed filed its brief of argument.
Police Service Commission Promotes Magu, Seven Others As AIGs
The Police Service Commission has approved the promotion of some senior police officers including the former Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu.
The commission confirmed John Amadi as a substantive Deputy Inspector-General of Police and replaced late DIG Joseph Egbunike, who will be representing the South-East in the Force Management.
The commission also approved the appointment of DIG Zama Senchi, who was the most senior in the Assistant Inspector General cadre.
Rising from its 15th plenary in Abuja last Friday, the commission in a statement on Monday by its spokesman, Ikechukwu Ani, disclosed that it equally promoted eight Commissioners of Police to Assistant Inspectors-General of Police.
The plenary which began last Wednesday, May 11, was presided over by the Chairman of the commission and former Inspector-General of Police, Alhaji Musiliu Smith.
The new AIGs include Magu, who was the most senior in the commissioner of police cadre.
Other new AIGs are Abraham Ayim, Okunlola Kamaldeen, Andrew Amieengheme, Akeera Younous, Celestine Elumelu, Ngozi Onadeko and Danladi Lalas (Airwing).
The commission also approved the promotion of 23 deputy commissioners to the next rank of CPs; 31 assistant commissioners to DCPs and 63 Chief Superintendents of Police to ACPs.
The new CPs include Taiwo Jesubiyi, former DC, Admin and Finance, Akwa Ibom State Command; Kolawole Olajide former DC, Force CID Annex, Alagbon, Lagos; Julius Okoro, former DC, Maritime, Lagos and Adelesi Oluwarotimi, former DC DFA, Kwara State Command.
The statement said, “Other decisions taken by the commission at the plenary were the promotion of 57 Superintendents of Police earlier skipped when their mates were promoted to the next rank of Chief Superintendents.
“Other categories of Superintendents of Police such as the Administrative Staff College of Nigeria, Course 4, Inspectors Courses 37 and regular ASP’s course 25 and 26 were also promoted to Chief Superintendents, having met established requirements.
Gunmen Kill Two Soldiers, Burn Court, 32 Vehicles In Anambra
Two soldiers have been killed and a lawmaker kidnapped by suspected gunmen in Anambra State.
The gunmen who went on the rampage in the state between Sunday and Monday also set ablaze a local government secretariat, an office of the Enugu Electricity Distribution Company, a magistrate’s court building as well as over 32 vehicles.
The Tide learnt that a group of hoodlums, wielding weapons, including guns, opened fire on a military checkpoint at the 3-3 Estate in Nkwelle Ezunaka, near Onitsha, where they shot two soldiers dead.
The soldiers were said to have retaliated, as a gun battle ensued thereafter.
According to sources, the shooting started around 10pm on Sunday and lasted till early Monday, with bullets flying in the air and dropping on rooftops.
It was learnt that the gunmen also visited the Government Reserved Area in Onitsha, where they shot intermittently.
The attacks came less than three days after the state governor, Prof. Chukwuma Soludo, visited the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, in the custody of the Department of State Services.
In another attack, suspected gunmen also shot dead a vigilante at the Eke Oko community in the Aguata Local Government Area on Sunday.
The victim, who was on a motorcycle, was putting on a mobile police T-shirt when the gunmen overtook and shot him dead.
Sources said the hoodlums burnt all files and property in the council secretariat while over 32 vehicles parked inside the secretariat were also reportedly razed.
The police spokesman, Ikenga, attributed the incident to unidentified arsonists.
The Tide also learnt that the gunmen proceeded to the Ogidi district office of the EEDC, not far from the secretariat and set it ablaze.
About 32 utility and operational vehicles were reportedly burnt during the incident, including other assets and equipment on the premises.
The hoodlums also reportedly inflicted machete cuts on the security guard manning the office, cut his head, leg and arm, as they demanded his gun, while his other colleagues ran for their lives.
Confirming the incident, the Head, Corporate Communications, EEDC, Mr Emeka Ezeh, expressed displeasure that efforts made to reach the Anambra State Fire Service did not yield any positive result.
Ezeh said members of staff who were on ground were helpless, as they watched the office building and other assets go up in flames.
He said, “It later took the intervention of the Commissioner for Utilities, Mr Julius Chukwuemeka, around 9.05am to bring the fire service team down to the scene of the incident.
“This is a big loss to EEDC, and a great setback to the efforts being made by the company to strengthen its network and improve the quality of service to its customers within Ogidi and Anambra State at large”.
EFCC Arrests Accountant-General Over N80bn Fraud
The Economic and Financial Crimes Commission (EFCC) has arrested the Accountant-General of the Federation, Mr Ahmed Idris, over alleged diversion of funds and money laundering to the tune of N80 bilion.
The spokesman for the EFCC, Wilson Uwujaren, disclosed this on Monday in a statement titled, ‘EFCC arrests Ahmed Idris, Accountant General of the Federation, for N80billion Fraud’.
The anti-graft agency said Idris was arrested after failing to honour an invitation.
According to the commission, the Accountant-General allegedly laundered the funds through bogus consultancies.
The statement read in part, “Operatives of the EFCC on Monday, May 16, 2022 arrested the serving Accountant-General of the Federation, Mr Ahmed Idris, in connection with diversion of funds and money laundering activities to the tune of N80billion.
“The commission’s verified intelligence showed that the AGF raked off the funds through bogus consultancies and other illegal activities, using proxies, family members and close associates.
“The funds were laundered through real estate investments in Kano and Abuja. Mr Idris was arrested after failing to honour invitations by the EFCC to respond to issues connected to the fraudulent acts”.
The Tide learnt that Idris is still at the EFCC custody as at the time of filing this report.
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