BREAKING: ANOTHER SENIOR ADVOCATE DIES, MAY BE BURIED TODAY

One of Nigeria’s oldest lawyers, Mr. Mikhail Adisa Bashua (SAN, CON) is dead. He was aged 92 years.

CITY LAWYER gathered that the senior lawyer has been sick lately and passed on today. He is the father of Justice A. J. Bashua of the Lagos State Judiciary among others. 

Mr. Imran Agunbiade who worked with the late sage told CITY LAWYER that “I started my practice with the firm. His son Justice A. J. Bashua called me this morning to inform me. His firm produced Justices K. O. Dawodu and A. J. Bashua.”

There are strong indications that the deceased may be buried today.

Bashua was born into the Bashua Chieftaincy family of Lagos. He was called to the English Bar in 1960 and on his arrival in Nigeria, founded M.A. Bashua & Co., which he registered in 1968. He was enrolled in the Lincoln Inn. Incorporated on 02 August, 1968 his law firm, M. A. BASHUA AND CO celebrated 50 years anniversary in December 2018. The firm commenced operations at No. 45, Iga-Idunganran Street, then known as Reclamation Street, Lagos Island. The office was later moved to its present place at 218, Bamgbose Street, Lagos Island, in 1980. 

He took Silk in 1997 and was elected member of the Federal House of Representatives, Lagos Constituency from 1962 till 1964. He was conferred with the national award, Commander of Order of the Niger (CON) in 2008.

Bashua had while celebrating the firm’s 50th anniversary said: “Young lawyers must be honest and understand the fact that Law is the noblest profession, so, they have to uphold its etiquettes. Upholding the profession’s etiquettes will get you anywhere you want to go. Never allow overburdened interests to becloud you as a lawyer; the client’s interest should always come first.

“Every upcoming lawyer should see this profession as a very interesting one; it should never be seen as a chaotic, problematic and difficult work. Once, as a lawyer, you enjoy what you do, the sky is the limit.”

Speaking on the milestones recorded by the firm, Mr. Aderemi Bashua, its Managing Partner, said: “Its continuous legal practice and consultancy services have been mostly recognised in several ground breaking cases, one of which is the case of Mohammed v. Olawunmi (1990) 2 NWLR (Part 133) R 458 SC. This case, upon the judgment by the Supreme Court, became an authority often cited by lawyers and the Courts.

“The principle of law in that case is when a decision of Court is regarded as a final or interlocutory decision, and, whether a party appealing to an Appellate Court requires leave of Court before appealing against an interlocutory decision of Court.

“The case became a locus classicus on those two issues of law. The Supreme Court agreed with Mr. M. Adisa Bashua ( SAN), CON. that leave of court was necessary.”

In a heart-warming tribute when her father turned 90 years in 2019, Lola Bashua wrote: “My Daddy is 90 years old today!!?Happy 90th birthday to my Daddy Mikhail Adisa Bashua(SAN)Senior Advocate Of Nigeria, Commander of the Order of the Niger, The Olori Ebi (head) of the Bashua The Olori Ebi (head) of the Bashua Royal family, The Baba Oba (Father of the King) of Lagos and Baba Oba( Father of the King) of Shomolu. A Harvard school of law graduate at Lincoln’ss Inn, a great philanthropist and yet very humble man.”

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IGBOHO: FHC, DEFENCE LAWYER DEBUNK CLAIM THAT JUDGE ABSCONDED

The claim that a judge of the Federal High Court (FHC), Justice Obiora Egwuatu had “gone missing” to evade signing the bail papers for release of 12 aides of Yoruba activist, Chief Sunday Adeyemo (aka Sunday Igboho) has been debunked by the Federal High Court and the defence lawyer, Mr. Pelumi Olajengbesi. 

According to the trending report by a popular online newspaper, “when they took the detainees to the judge, ‘they were told that he did not come to work and had left instructions that another judge must not sign on his behalf.’ “

Aside from the Chief Registrar of the Federal High Court, Mr. Emmanuel Gakko who debunked the report, an unimpeachable and highly placed source at the Federal High Court who is familiar with the bail processing told CITY LAWYER that the report was baseless.

Gakko said in a statement that Justice Egwuatu was overseas on an official assignment, adding that another vacation judge was available to sign the bail papers when they are ready.

According to another FHC official, “The honourable judge is on an official assignment. Release warrant can be signed by the second vacation judge. I am aware that the honourable judge left instructions in case the defendants perfect their bail conditions, to forward the file to the second vacation judge for issuance of the release order.

“It is quite possible that the file hasn’t even gotten to my Lord’s office. Recall that my Lord courageously granted bail to the detainees since 4th August, 2021. They have not been able to perfect bail since then, only for this irresponsible reportage.”

CITY LAWYER gathered that both Justice Egwuatu and Justice Ahmed Ramat Mohammed have been designated vacation judges for the Abuja Division of the Federal High Court.

Aligning with the stance of the court official, Olajengbesi distanced himself and his clients from the trending report, describing it as “equally condemnable.”

Olajengbesi, who issued a statement debunking the report, said: “We have received several calls and messages across the globe trying to ascertain the veracity or otherwise of some media reports currently in circulation on social media and news outlets particularly outside the country with respect to the above subject matter.

“It has therefore become imperative for us to put up this public notice so as to set the records straight. The report that the Hon. Judge handling the matter was kidnapped by unknown gunmen is not only false but condemnable as same is far from the truth.

“The report that the said Hon. Judge travelled out of town in an attempt to evade signing the release warrant of the applicants is equally condemnable and we do not want to be part of such reports. Also, let it be known that where a judge is absent under such a circumstance, any other judge within the Federal High Court can sign the release order and that is in process.

“The process of perfecting the bail conditions of those in custody is still in progress in accordance with the rules and practice of the Federal High Court of Nigeria and we are confident that the release order will be signed as soon as all administrative bureaucracies are concluded.

“We therefore appeal to the general public to exercise patience with the process.”

It is recalled that the Department of State Services (DSS) had arrested Igboho’s aides on July 1, 2021 during a raid on Igboho’s Ibadan residence, killing two persons in the process. The detainees include Abdullateef Onaolapo, Tajudeen Irinloye, Dikeola Ademola, Ayobami Donald, Uthman Adelabu, Olakunle Oluwapelumi, Raji Kazeem, Taiwo Tajudeen, Amudat Babatunde, Abideen Shittu, Jamiu Oyetunji, and Bamidele Sunday.
The 12 detainees had brought a fundamental rights enforcement action to seek their release from DSS custody, leading Justice Egwuatu to admit them to bail. The detainees had spent about 50 days in custody.

On his part, Igboho is battling extradition application filed by the Federal Government in a Cotonou, Benin Republic court.

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NBA CHIEF LIED AGAINST OUR CHAIRMAN, SAYS EFCC

The Economic and Financial Crimes Commission (EFCC) has debunked an allegation by the embattled Chairman of the Nigerian Bar Association (NBA), Makurdi Branch, Mr. Justin Gbagir that EFCC Chairman, Mr. Abdulrasheed Bawa boasted that he would use his purported leverage with the judiciary to torpedo any lawsuit by the NBA chieftain.

According to a statement by the commission, “At no time during the encounter was there reference to judges and their soft spot or the lack of it, for the EFCC boss and the Commission.”

It is recalled that CITY LAWYER had reported that Bawa met recently with Gbagir to explore an amicable resolution of the furore that arose after the NBA chieftain was allegedly battered by EFCC operatives at their Makurdi Office.

Giving an update on the meeting, Gbagir, in a statement he made available to CITY LAWYER, stated that Bawa said “That the operatives have also written their statement denying my allegations that I was assaulted and even if we decide to go to court, it will be our words against theirs. In any case, he has good working relationship with judges.” The allegation was highlighted by a news blog (not CITY LAWYER).

The full statement by the EFCC is below.

Judges: Makurdi NBA Chairman’s Statement Against EFCC, Not True
The attention of the Economic and Financial Crimes Commission, EFCC, has been drawn to a report captioned: Even If you Go to Court… I have a Good Working relationship with Judges, attributed to the Benue Chairman of the Nigerian Bar Association, NBA, Justin Gbagir and which was published in the online media on Monday August 9, 2021.

The Commission wishes to state that the comment ascribed to the Executive Chairman, Mr. Abdulrasheed Bawa, is patently false and should be discountenanced.

It is regrettable that a compassionate gesture by the Executive Chairman in meeting with Gbagir over an alleged incident involving him and some officers of the Makurdi Zonal Command of the Commission has degenerated into a weapon of blackmail.

As a responsible leader, one with a disdain for injustice of any kind, Mr. Bawa met Gbagir to give him fair hearing and explore avenues to address his complaints, where they were meritorious. At no time during the encounter was there reference to judges and their soft spot or the lack of it, for the EFCC boss and the Commission.

As a law enforcement officer with over 16 years cognate experience before assuming the office of the Executive Chairman, Mr. Bawa is conversant with the impartiality and independence of the judiciary and could not have made the flippant statement ascribed to him.

To have invented such a remark and ascribed it to the EFCC chair is not only disingenuous but grossly irresponsible.

Media & Publicity
13 August, 2021

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GADZAMA VISITS SOLANKE, UNVEILS FIRM’S Q3 NEWSLETTER

Pioneer Chairman of the Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA-SPIDEL) has paid a courtesy visit to foremost lawyer and first female Senior Advocate of Nigeria, Chief Olufolake Solanke (CON) at her residence in Ibadan, Oyo State.

Gadzama stated that it was “a rare privilege to have visited the matriarch and tapped from her enriching experiences and insights,” describing Solanke as “an icon even among learned silks – one who inspires many within and without the legal practice.”

According to Gadzama, “her infallible strides in politics and law are beyond excellence and her growth trajectory is perfect proof that it is possible to grow through the echelons in career, politics and social status even as an African woman.”

He stated that Solanke “should no longer be referred to as the Matriarch of the Bar but ‘Grand Matriarch’ of the Bar,” while appreciating the eminent and vocal senior lawyer for honouring the invitation to be the Guest Lecturer at the 10th J-K Gadzama LLP Public Lecture Series in 2017 “where she did justice to the topic, ‘Whistle Blowing Policy: People’s Power and Corruption in Nigeria.’ ”

Thanking Gadzama for the visit, Solanke presented him with a copy of her autobiography, “Reaching for the Stars.”

Meanwhile, J-K Gadzama LLP has released the 3rd Quarter Newsletter for the year 2021. According to the leading law firm, “This edition captures the erudite lecture delivered by former President Goodluck Ebele Jonathan, GCFR, GCON at the 13th J-K Gadzama LLP Lecture Series on the crucial and all-important theme of Redefining Democracy: Yearnings of the Minority in a Democratic Setting.”

Also featured in this edition is a lecture delivered by Gadzama at the NBA Kaduna Branch Law Week “on the vital and high-priority topic of ‘Mentorship and Ethics: What Lawyers Need to Know.’

“Readers will be entertained with sights from several events the firm was involved in during the months covered. The contents of this edition are informative, entertaining and insightful.”

To access the publication, please click on https://j-kgadzamallp.com/publications/newsletters/45-vol-32-jul-sep-2021.

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NBA MAKURDI ASSAULT: AT LAST, EFCC CHAIR MEETS VICTIM, APOLOGIZES

• DEFLECTS DEMAND TO SACK CULPRITS
• AKPATA TO STORM MAKURDI TO PLOT NEXT STEPS
• GBAGIR SET FOR SURGERY TO SAVE SIGHT

The Chairman of Economic and Financial Crimes Commission (EFCC), Mr. Abdulrasheed Bawa has finally met with the Nigerian Bar Association (NBA), Makurdi Branch Chairman, Mr. Justin Gbagir who was allegedly assaulted by EFCC operatives.

Gbagir was reportedly manhandled by EFCC operatives and bundled out of their Makurdi office when he went there to represent his client. NBA President, Mr. Olumide Akpata had in a strongly worded letter to the EFCC Chairman dated June 10, 2021 warned that “The NBA will be constantly following up with you in this respect, as we will no longer endure or tolerate the incessant harassment of our members by EFCC operatives while such lawyers are lawfully discharging their duties.”

In his latest update on his travails made available exclusively to CITY LAWYER, Gbagir said that he held a meeting with the EFCC Chairman on July 15, 2021 alongside the Benue State Attorney General, Mr. Michael Gusa.

His words: “At the meeting, the Chairman asked the AG what happened on the 8/6/2021. The AG recounted what happened that day and confirmed that I was assaulted in his presence.

“The Chairman who initially indicated there was no need for me to speak later allowed me to speak and I also recounted the events that led to the assault.

“The Chairman who did not call the Zonal Head of the Makurdi Office or any officer of the Zonal Office to the meeting proceeded to ask me what I wanted to be done.”

The NBA Chairman stated that Abdulrasheed deflected all the demands presented to him, saying that from their investigation, the operatives in Makurdi denied assaulting Gbagir.

On the demand that those found culpable in the assault saga should be dismissed by the commission, Gbagir said this was turned down by the EFCC Chairman who stated “That the Head of the Makurdi Office, Mr Kazeem Oseni and himself were recruited into the Commission the same day. That while he served in the Port Harcourt and Lagos offices of the Commission respectively, the said Kazeem Oseni was directly reporting to him. That we cannot expect him to dismiss Kazeem Oseni who has put in 17 years of service.”

According to Gbagir, the EFCC Chairman said “That he decided to come to Makurdi personally to meet with us in order to ensure cordial human relationship going forward. That his personal visit and apology should suffice.”

Abdulrasheed is yet to speak on what transpired during the meeting.

CITY LAWYER had reported that Abdulrasheed had shunned an earlier scheduled meeting with the victim in Makurdi.

Below is the full text of Gbagir’s update.

UPDATE ON THE ASSAULT ON JUSTIN GBAGIR, ESQ., CHAIRMAN, NIGERIAN BAR ASSOCIATION, MAKURDI BRANCH BY OPERATIVES OF THE EFCC ON THE 8TH JUNE, 2021.

INTRODUCTION

On the 8/6/2021, operatives of the EFCC brutally assaulted me at the Makurdi Zonal Office of the Commission.

Today mark two months since the unfortunate incidence. On the 8/7/2021, I gave an update to mark one month anniversary of the assault. Today’s update is to mark two months anniversary of the assault.

The update shall be segmented into 3 sections, namely:

1. Meeting with the EFCC Chairman
2. The Position of the Bar
3. My Health Condition

MEETING WITH THE EFCC CHAIRMAN

On the 15/7/2021, the Benue State Attorney General, Michael Gusa, Esq and myself met with the EFCC Chairman at the Zonal Office of the Commission in Makurdi.

At the meeting, the Chairman asked the AG what happened on the 8/6/2021. The AG recounted what happened that day and confirmed that I was assaulted in his presence.

The Chairman who initially indicated there was no need for me to speak later allowed me to speak and I also recounted the events that led to the assault.

The Chairman who did not call the Zonal Head of the Makurdi Office or any officer of the Zonal Office to the meeting proceeded to ask me what I wanted to be done.

I told the Chairman that before coming to the meeting, I consulted with the Makurdi Branch legal team and other stakeholders and our demand were that:

1. The Zonal Head of the Commission’s Office in Makurdi be dismissed or voluntarily retired since he did not represent a good image of the Commission, and that all the operatives that took part in the assault should be identified and appropriate punitive measures served.

2. That the Commission shall take full responsibility of my medical bills and pay adequate compensation for the injury caused me especially my eye.

3. That the Commission shall retract their defamatory publication of 9/6/2021 wherein they alleged I was the one that went to their office with hired thugs to forcefully release someone in their custody, among other unsubstantiated allegations, and adequate compensation paid to me and the other lawyers who were referred to as thugs.

In his response, the EFCC Chairman stated as follows:

a) That from their investigation, the operative in Makurdi denied assaulting me.

b) That they have never had a case of EFCC operatives beating anybody in any of their offices.

c) That the Head of the Makurdi Office, Mr Kazeem Oseni and himself were recruited into the Commission the same day. That while he served in the Port Harcourt and Lagos offices of the Commission respectively, the said Kazeem Oseni was directly reporting to him. That we cannot expect him to dismiss Kazeem Oseni who has put in 17 years of service.

d) That my been in the hospital could have been for any other reason and the problem with my eye could also have been caused by any other thing.

e) That the operatives have also written their statement denying my allegations that I was assaulted and even if we decide to go to court, it will be our words against theirs. In any case, he has good working relationship with judges.

f) That there is no evedence (sic) for him to take any punitive measures against Kazeem Oseni and the other operatives.

g) That he could have sat in Abuja and ordered us to go to Abuja, or better still acted on their investigative Report and closed the case that there was no assault on me.

h) That he decided to come to Makurdi personally to meet with us in order to ensure cordial human relationship going forward. That his personal visit and apology should suffice.

i) That he cannot raise any memo to raise funds for any compensation or damages.

j) That he can pay for my further medical attention in an eye clinic in Abuja and on a personal level he can find a token for me.

k) That he could choose to report me to NJC (sic) as the one causing trouble for disciplinary action.

From every indication, the Chairman adopted the position in their press release of 9/6/2021.

After the meeting, I did a brief to the President of NBA, Mr Olumide Akpata.

2. POSITION OF THE BAR

On Monday, 26/7/2021 and Friday, 30/7/2021, I held meetings with the NBA President in Abuja to further briefed him and the President indicated to visit Makurdi Branch with some National Officials of the Bar and together with the elders and members of the Makurdi Branch, they will agree on the next line of action.

The NBA President is currently making travel plans to Makurdi in this regard.

3. MY HEALTH CONDITION

From the last update to today, the condition of my left eye has continued to worsen.

On medical advice, I attended a specialized eye hospital in Abuja on the 27 and 28 July, 2021 and after a thorough and intensive examination for two days, a surgery was recommended as the best curative measure.

It was recommended that the lens of my left eye which is damaged will be replaced with an artificial lens.

The cumulative cost for the surgery, at least 35 days accommodation in Abuja, feeding, transportation and other sundry expenses is approximately put at about N2 Million Naira.

Considering that the condition of the eye is worsening each day that passes by and the need to get the surgery done so as to enable me use my sight for my daily activities, I am hoping that with resources available, I will perform the surgery within the month of August, 2021 so that I will use the period of the court vacation to recuperate.

CONCLUSION

I appreciate all those who have reached out to me to sympathize with me over this incidence. I count on your continued support to surmount all the challenges facing me during this trying moment.

Thank you all and God Bless.

Justin Gbagir, Esq.
Chairman
NBA Makurdi Branch
8/8/2021

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COURT REMANDS 22-YEAR-OLD OVER N10.7 BILLION PONZI SCHEME

The Nigeria Police Force yesterday arraigned a 22-year-old Joshua Adeyinka Kayode before a Federal High Court sitting in Lagos for allegedly defrauding over 170 investors of N10.7 billion through a fake investment scheme.

Kayode was arraigned alongside his company, Quintessential Investment Company Limited before Justice Tijjani Ringim on a 170-count charge of conspiracy and obtaining money by false pretence.

CITY LAWYER gathered that Kayode was earlier arrested by operatives from the Police Special Fraud Unit (PSFU) following a complaint by one of the investors but allegedly absconded upon release on administrative bail. He was however re-arrested by a crack team from the Force Criminal Investigation Department (ForceCID) Annex, Alagbon-Ikoyi, Lagos following discreet surveillance.

Counsel for the prosecution, Mr. Tijani Williams told the court yesterday that the defendant and others now at large committed the offences between July 2020 and March 2021. He also told the court that the defendant defrauded the victims under the pretence of bogus returns on investment.

Williams stated that the offences committed by the defendant are contrary to and punishable under section 8(a) and 1(1) (a) and (c) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

The defendant however pleaded “Not guilty” to all counts of the charge. Tijani then urged the court to remand the defendant in the custody of Nigerian Correctional Services (NCoS) pending when his bail application would be heard and determined.

Counsel to the defendant, Mr. Emeka Okpoko (SAN) did not oppose to the prosecutor’s application for remand of the defendant. Instead, he asked the court for a short date to enable him file the bail application.

After listening to the submissions of the parties, Justice Ringim, adjourned the matter to August 11 for hearing of the defendant’s bail application. He also ordered that the defendant be remanded in the custody of the Nigerian Correctional Services pending the hearing and determination of his bail application.

COUNT 1: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July, 2020 — March 2021 at Lagos, within the jurisdiction of this Honourable Court, did conspire among yourselves to commit felony to wit: Obtaining Money by False Pretence and thereby committed an offence punishable under section 8(a) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

COUNT 2: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July, 2020-March 2021 at Lagos,, within the jurisdiction of this Honourable Court, did with intent to defraud, fraudulently obtained the sum of One Billion and Eight Million Naira (#1, 800,000,000.00) from one Oladapo Abiola ‘m’ (Voltal Golbal Capital Investment Company) under the pretence of investing same a representation you knew to be false and thereby committed an offence contrary to section 1(1) (a) (c) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

COUNT 3: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July, 2020-March 2021 at Lagos,, within the jurisdiction of this Honourable Court, did with intent to defraud, fraudulently obtained the sum of Seventy Million Naira (N70, 000, 000. 00) from one Akande Solomon Odafe ‘m’ under the pretence of investing same a representation you knew to be false and thereby committed an offence contrary to section 1(1) (a) (c) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

COUNT 4: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July, 2020 – March 2021 at Lagos,, within the jurisdiction of this Honourable Court, did with intent to fraudulently obtained the sum of Thirty Million Naira (N30,000,000.00) from one Umara Ibrahim Adubi ‘m* under the pretence of investing same a representation you knew to be false and thereby committed an offence contrary to section 1(1) (a) (c) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

COUNT 8: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July, 2020—March 2021 at Lagos, within the jurisdiction of this Honourable Court, did with intent to defraud. fraudulently obtained the sum of Four Hundred and Ninety One Million Naira (N491,000,000.00) from one Olarinde Tolulope ‘f under the pretence of investing same a representation you knew to be false and thereby committed an offence contrary to section I(1) (a) (c) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

COUNT 6: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July, 2020—March 2021 at Lagos.. within the jurisdiction of this Honourable Court. did with intent to defraud, fraudulently obtained the sum of Eleven Million Naira (N11,000,000.00) from one Uchechukwu gbunonu ‘m7’ under the pretence of investing same a representation you knew to be false and thereby committed an offence contrary to section 1(1) (a) (c) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

COUNT 7: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July, 2020—March 2021 at Lagos,, within the jurisdiction of this Honourable Court, did with intent to defraud, fraudulently obtained the sum of Four Million Naira (N4,000,000.00) from one Daniel Eshiet ‘m’ under the pretence of investing same a representation you knew to be false and thereby committed an offence contrary to section 1(1) (a) (c) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

COUNT 8: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July 2020-March 2021, at Lagos, within the jurisdiction of this Honourable Court. did with intent to defraud. fraudulently obtained the sum of Seven Million Naira (N7,000,000.00) from one Ifabiyi Tobi Emmanuel ‘m’ under the pretence of investing same a representation you knew to be false and thereby committed an offence contrary to section 1(1) (a) (c) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

COUNT 164: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July, 2020-March 2021 at Lagos, within the jurisdiction of this Honourable Court, did with intent to defraud, fraudulently obtained the sum of One Hundred and Thirty Four Million, Five Hundred and Seventy Six Thousand Naira (N134, 576, 000.00) from one Nnamdi Emmanuel ‘m’under the pretence of investing same a representation you knew to be false and thereby committed an offence contrary to section I(1) (a) (c) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

COUNT 167: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July, 2020-March 2021 at Lagos, within the jurisdiction of this Honourable Court, did with intent to defraud, fraudulently obtained the sum of Six Million, Seven Hundred and Twenty Six Thousand, Five Hundred and Sixty Two Naira (N6, 726, 562.00) from one Onyiga Damilola ‘f under the pretence of investing same a representation you knew to be false and thereby committed an offence contrary to section 1(1) (a) (c) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

COUNT 168: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July, 2020-March 2021 at Lagos,, within the jurisdiction of this Honourable Court, did with intent to defraud, fraudulently obtained the sum of Five Hundred Thousand Naira (N500, 000.00) from one Okwuazu Anwulika ‘m’under the pretence of investing same a representation you knew to be false and thereby committed an offence contrary to section 1(1) (a) (c) of the Advance Fee Fraud and other Fraud Related Offences Act 200.

COUNT 169: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July, 2020-March 2021 at Lagos,, within the jurisdiction of this Honourable Court, did with intent to defraud, fraudulently obtained the sum of One Million Naira (N1,000,000.00) from one Florence Adebayo ‘f under the pretence of investing same a representation you knew to be false and thereby committed an offence contrary to section 1(1) (a) (c) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

COUNT 170: That you Joshua Adeyinka Kayode ‘M’, Quintessential Investment Company Limited and others now large between July, 2020-March 2021 at Lagos, within the jurisdiction of this Honourable Court, did with intent to defraud, fraudulently obtained the sum of Four Hundred and Thirty Thousand Naira (N430,000.00) from one Esther Eshiet ‘f under the pretence of investing same a representation you knew to be false and thereby committed an offence contrary to section 1(1) (a) (c) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

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OIL FIRM DEBUNKS HEIST, SAYS UNION BANK OWES 2.56 BN POUNDS

Petro Union Oil and Gas Company Ltd (Petro Union) has debunked an allegation that the Barclays Bank cheque in favour of the oil company is “attempted bank heist,” saying the allegation is “myopic and uninformed.”

In a rejoinder made available to CITY LAWYER titled “REJOINDER: THE LARGEST BANK ROBBERY IN HISTORY – ABOUT TO HAPPEN IN NIGERIA (THE ALVIN REPORT),” the company stated that it “denies the assertions in the said publication as being incorrect and misconceived.”

According to Petro Union, “Such sponsored publications are not completely surprising as some persons having lost at the trial in 2014, at the Court of Appeal in 2018 and unsuccessfully attempted to appeal to the Supreme Court in 2019 and maybe seeing the futility of their further attempt at the Supreme Court, may have become constrained to resort to media trial.”

Below is the full text of the statement.

26th July ,2021

REJOINDER:     THE LARGEST BANK ROBBERY IN HISTORY – ABOUT TO HAPPEN IN NIGERIA (THE ALVIN REPORT)

INTRODUCTION

The attention of our Company – Petro Union Oil and Gas Company Ltd (Petro Union) – has been drawn to a publication captioned “THE LARGEST BANK ROBBERY IN HISTORY – ABOUT TO HAPPEN IN NIGERIA” credited to one Tope Fasua published on 13th July, 2021 in an obscure online platform – The Alvin Report. The Company hereby denies the assertions in the said publication as being incorrect and misconceived.

Our initial reaction was to ignore the said publication as one of those possibly sponsored media and psychological tactics but on a further thought, we deemed it important to react and set the records straight for the umpteenth time at least for the benefit of unsuspecting members of the public who were deliberately targeted to be misled by the said publication. Such sponsored publications are not completely surprising as some persons having lost at the trial in 2014, at the Court of Appeal in 2018 and unsuccessfully attempted to appeal to the Supreme Court in 2019 and maybe seeing the futility of their further attempt at the Supreme Court, may have become constrained to resort to media trial.

BACKGROUND

The Federal High Court delivered Judgment in favour of our Company in suit no. FHC/ABJ/M/104/2012 since 11th March, 2014 which Judgment was affirmed by the Court of Appeal on 5th June, 2018 in appeal no. CA/A/258/2014. This Judgment was arrived at based on cogent, compelling and credible evidence adduced by Petro Union. Union Bank was represented at the Court of Appeal by a team of senior lawyers led by Tayo Oyetibo, SAN while CBN was represented by a team led by D. D. Dodo, SAN.

The concurrent subsisting findings of both courts is that Central Bank of Nigeria (CBN) and Union Bank PLC are in custody of our Company’s foreign capital in the sum of 2, 556, 000,000 GBP (Two Billion, Five Hundred and Fifty-Six Million Pounds Sterling). As at the time of the Judgment in 2014, the Naira was much stronger and had more value than it does presently and the Judgment sum would not have translated to billions of Naira now that our currency is weak only if the Judgment Debtors promptly complied with the Judgment and honoured their obligation without allowing post-judgment interest to accrue.  

The initial attempt by Union Bank to challenge the Judgment of the Court of Appeal at the Supreme Court was unsuccessful as the apex Court in its decision of 16th December, 2019 dismissed Union Bank’s application and held that their appeal was incompetent. At this stage, Union Bank’s legal team was led by Prof. Koyinsola Ajayi, SAN. Still unwavering, Union Bank subsequently filed yet another application for leave to appeal, through its legal team led this time by Adegboyega Awomolo, SAN, which application is currently pending before the Supreme Court. Possibly realizing the futility of a further attempt at challenging the decisions at the Supreme Court, it appears that some persons have resorted to media trial over the matter by sponsoring fallacious and malicious publications, like the Alvin Report publication of 13th July 2021, to whip up public sentiments.

ISSUES RAISED IN THE SPONSORED PUBLICATION ARE AFTER-THOUGHTS, FALSE, NON-EXISTENT, IMPROBABLE AND/OR IRRELEVANT AND WERE NEVER RAISED AT THE TRIAL

Worthy of note is that all the non-existent and/or irrelevant issues/posers raised in the Alvin Report publication were never raised as a defense or even put forward as mere points to dissuade the court at the trial by CBN or Union Bank who both actively participated in the proceedings which culminated into the Federal High Court subsisting Judgment of 11th March, 2014 in favour of Petro Union. This is simply because they are mere afterthoughts. As it is common knowledge, CBN is a statutory body established by an Act of Parliament and it is vested with a number of functions, objectives and mandates which include the supervision of commercial banks, like Union Bank, and other banking operations.

Undoubtedly, the CBN with all its statutory powers would have had no difficulty in tracing and obtaining evidence on all the false and misconceived issues raised in the said Alvin Report publication. Because these issues are non-starters and fabricated, they were not raised at the trial which had CBN and Union Bank as Parties.  As stated earlier, both banks were represented by Counsel of their choice, at the trial, who never raised any of these issues which they now claim happened and/or existed as far back as in the 80’s and 90’s. This makes their later day after-thoughts more improbable and incredible.

Put differently, at the trial in suit no. FHC/ABJ/M/104/2012 which commenced in 2012, neither CBN nor Union Bank (who were both Respondents and represented by Counsel), who reasonably ought to have known with due diligence if true, contended and/or raised any of the misconceived issues raised in the Alvin Report publication credited to one attention-seeking Tope Fasua.

MISCONCEIVED COMPARISM AND/OR CATEGORIZATION OF THE JUDGMENTS IN FAVOUR OF PETRO UNION AS BANK HEIST/SCAM

We have also noted with dismay the author’s unfortunate and baseless comparism of the subsisting Judgment (arising from the Company’s foreign capital) in favour of Petro Union with unrelated bank robberies/thefts that have no connection whatsoever. The author, without basis, probably basking in the euphoria of the benefits from his enablers, alludes that the Barclays bank cheque in favour of Petro Union was an attempted bank heist. What a myopic and uninformed position to take? Although the publication is full of the author’s mere opinion, it is clear that the opinions expressed therein are baseless and actuated by ulterior motives although it may have been intended to be ‘ingenious’ as at the time of putting up the misguided publication. No court anywhere in the world has found and/or convicted Petro Union for fraud or misconduct of any kind.

CLEAR SHOW OF DESPERATION

In further demonstration of the desperation and ulterior motives exhibited in the publication, it was falsely alleged that Petro Union in their last statement are now saying that if Union Bank and CBN could ‘apologize’ for what happened they will be okay and probably walk away. This must be a fiction of the author’s imagination.

It is obvious that the author needs to be tutored on certain basics. For instance, in the sponsored publication, he states thus – I have always had issues with some decisions that judges take… Mr. Tope needs to be reminded that we live in a country governed by rules and regulations and as a supposed accountant who has lived in London, he ought to know that the unqualified obligation of all is to obey decisions of Court and any dissatisfaction against that decision has to be by way of an appeal in line with the law. The unfortunate publication goes as far as accusing Judges of being infamous with the ability to send the innocent to the gallows and free dangerous menaces to the society, for the love of money. This attitude and sheer desperation exhibited in the publication is really worrisome, condemnable and ought to be investigated. It does not lie in the mouth of the author to castigate the Judges and/or the subsisting Judgment of the Federal High Court in favour of Petro Union which was affirmed by the Court of Appeal and undisturbed by the Supreme Court.

CONCLUSION

We hereby urge the general public to disregard and discountenance the said publication and other similar publications as being fallacious, malicious and self-serving. They say the judiciary is the last hope of the common man and we are indeed hopeful that justice will prevail at last in this matter and the Company will have access to its wrongfully seized foreign capital for its legitimate business.

DATED THIS 26TH DAY OF JULY, 2021

Prince Kingsley Okpala
(Managing Director)
FOR: Petro-Union Oil and Gas Oil Ltd

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GADZAMA VISITS NBA PH, MAIDUGURI, MOURNS RELATIVE

Bar Leaders and young lawyers of the Nigerian Bar Association (NBA), Port Harcourt and Maiduguri branches regaled Chief Joe-Kyari Gadzama, SAN during his visit to the branches.

The visit t to Port Harcourt held at Bougainville Hotel, Abacha Road, Port Harcourt. In attendance were the Head of Civil Service in Rivers State, Mr. R. N. Godwins; Audu Mela Nunghe, SAN; Former Chairman of NBA Port Harcourt Branch, Mr. Emeka Ichoku; Fmr. Secretary of the branch, Mrs. Cordelia Eke; Mr. Kingsley Nyesom Chinda; Fmr. Chairman of NBA Okrika branch, Mr. Golden O. Tamuno; A. F. Dalton; Maureen Samuel, Obinna N. Victor; James A. James and Randolph Boma Fiberesima amongst others.

It was gathered that it was indeed a beautiful evening where the attendees relaxed and had general discussions about the progress of the bar. The attendees showered praises on the Learned Silk who has proven to be a model for all to follow.

In another development, Gadzama last Monday paid a surprise visit to the leadership of NBA Maiduguri at the NBA Bar Center, Maiduguri, Borno State.

Gadzama who visited his home State for a condolence visit to the family of a close relative, Late Mr. Buba Wathanafa Gadzama, deemed it fit to visit and encourage the members of the branch.

At the bar center, he was warmly received by the Chairman NBA Maiduguri branch, Abba Mallam Umate; the Secretary, Mohammed Usman Alibe; some executives and members of the branch. He encouraged them to remain focused and united. He urged them to assist the younger members of the bar at all times and however possible.

The Chairman appreciated the Learned Silk for coming back home. He stated that the Learned Silk is indeed a trailblazer and an inspiration for all and that the branch is proud of him. He mentioned the noteworthy fact that the Learned Silk had started his legal practice and took Silk in Borno as the first Silk from the University of Maiduguri, Borno State and the North-Eastern Region of Nigeria. More so, that one of the offices at the bar center was named after the said learned silk for his laudable accomplishments in the profession of law.

He commended the Learned Silk for keeping his legacy alive in Borno by maintaining a functional office in the State.

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