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Arbitration Tribunal orders Senator Tokunbo Afikuyomi to vacate Abuja property

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…as counsel prays Court not to recognize arbitral awards; property owner joins issues

An Arbitration Tribunal, headed by Miriam Kombo-Ezeh, Esq, has directed Senator Tokunbo Afikuyomi to vacate a property he occupies in Maitama District of Abuja in the Federal Capital Territory.

The Tribunal also directed the former Senator to pay the sum of N11million being profit for the period he occupied the property without taking a new term of lease.

The Senator was further asked to refund all the Arbitration fees he failed or refused to pay at the Tribunal in his unsuccessful attempts and without just cause to frustrate the timely determination of the matter at the Tribunal.

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But Afikuyomi, through his counsel, Seun Awoladi, has filed a suit before a Federal Capital Territory (FCT) High Court in Jabi area of Abuja, presided over by Justice Babangida Hassan for non-recognition of the arbitral awards.

The property owner, one Prince Samsom Ataiyero, through his counsel, M.I. Harrison and Christian Moleke, joined issues with Afikuyomi, praying the court for registration and recognition of the arbitral awards.

When the matter came up on Monday, September 23, 2024 for hearing, the court granted the oral application by counsel to Prince Ataiyero to withdraw a motion on notice for consolidation marked M/11059/2024 because it had been spent since their substantive application marked M11024/2024 was now properly before the court.

 

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Afikuyomi’s counsel told the court that they were not objecting to the withdrawal of the motion on notice and that they would not be asking for cost. Justice Hassan in a bench ruling averred that the application was granted and the motion was deemed withdrawn.

Ataiyero’s counsel said that their substantive application was seeking recognition for the purpose of enforcement of the arbitral awards by the FCT Multi-door Courthouse on June 21, 2024, stating that all their prayers were contained on the face of the motion paper.

But Afikuyomi’s counsel interjected, saying the substantive suit was to set aside the arbitral awards and not a motion to enforce. According to him: “We filed our originating motions on July 8, marked CB/3139/24.”

Justice Hassan resolved the issue of first in service in favour of Afikuyomi since Ataiyero’s substantive suit before the court was dated July 9, 2024. Atayeiro’s counsel said: “we do not have any problem with that as long as both suits are before your lordship.”

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At this point, Afikuyomi’s counsel asked the court for a short adjournment of two weeks to enable both parties to resolve the matter out of court, otherwise, they would proceed with the matter.

Ataiyero’s counsel urged the court to adopt their processes first and thereafter the other party could do whatever they wanted. But after much plea by Afikuyomi’s counsel and Justice Hassan’s avuncular intervention, urging Ataiyero’s counsel to agree to the out-of-court settlement overture, Ataiyero’s counsel agreed and the matter was adjourned until October 16, 2024.

It would be recalled that Afikuyomi, one-time member of Senate [1999-2007] had leased a three-bedroom duplex with two-bedroom bungalow guests chalet, two boys’ quarters (BQ), serviced with air conditioners and swimming pool, located at No. 33, Lake Chad Crescent, Maitama District from Prince Ataiyero, using the name of his law firm- Liberty Solicitors, for a period of five (5) years, serviceable annually.

The period for the lease was 1st September, 2018 – 31st August, 2023.

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Trouble started in the middle of the term of the lease when the Senator started defaulting in his rent obligations and this continued after the expiration of the term of lease.

Our Correspondent learnt that the Lease Agreement contained an Arbitration Clause which encouraged parties to settle any of their disputes by way of arbitration instead of the usual litigation.

It was in keeping to this arbitration clause that Senator Afikuyomi’s landlord applied to the Abuja Multi-Door Courthouse in line with the principle of “pacta sunct servanda (sanctity of agreement must be kept)” for an arbitral proceeding which saw to the delivery of its decision otherwise called “Final Award” on 21st June, 2024.

Miriam Kombo-Ezeh, Esq., the erudite arbitrator had directed that the respondent, Sen. Tokunbo Afikuyomi, should comply with the arbitral awards on or before July 8, 2024.

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It was further gathered that Senator Afikuyomi failed, neglected or refused to honour the decision of the Arbitration Tribunal, which by the Tenancy Agreement signed by parties during the life of the lease, ought to bind parties.

Afikuyomi had rather resorted to buying time in his efforts to continue in occupation of a house he didn’t build.

He had rather approached the High Court of the Federal Capital Territory, Abuja, to seek the setting aside of the decision of the Arbitration Tribunal on grounds that he didn’t have notice of the appointment of the Arbitrator and also on grounds of bias.

These grounds had been rebutted in the papers filed by the Landlord’ lawyers who even produced to the Court, evidence of consent form signed by the Senator’s lawyers for the appointment of the Sole Arbitrator.

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While the rent on the property expired on August 31, 2023, the court papers indicated that Afikuyomi is still occupying the property without renewing his rent or taking steps to vacate the leased premises, about a year now after his rent expired since 31st August, 2023.

Available information showed that while Senator Tokunbo Afikuyomi had gone to the High Court to set aside the Final Award, his landlord, Prince Ataiyero had filed his own motion before the same Court seeking the Court’s recognition and enforcement of the Award as was witnessed in court on Monday, September 23, 2024

From the Court processes filed both at the Tribunal and the High Court which were sighted by our correspondent, it was obvious that the key contention between parties is delivery of vacant possession of the property since the lease which was for a fixed period had long elapsed.

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Benue on fire as gunmen kill APC leader, District Head on their farms

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An All Progressives Congress (APC) youth leader from Apa Local Government Area, Comrade Jerry Jeremiah, and the District Head of Odugbeho in Agatu LGA, Chief Adejo Anthony Denison, both of Benue State, have been killed by gunmen while working on their farms.

The incident happened on Wednesday along the Otukpo-Otobi-Akpa Road in Otukpo Local Government Area,.

The victims were said to be carrying out farming activities when they were attacked by the assailants.

Eyewitnesses disclosed that the farmland, although located in Otukpo LGA, is widely leased by people from surrounding areas, including Agatu, for agricultural use.

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The killing took place just a day after another APC chieftain and six other individuals were murdered in separate attacks across Gwer East and Makurdi LGAs.

Chairman of Agatu LGA, Mavis James Ejeh, confirmed the death of the traditional ruler during a phone interview with journalists.

“Chief Tony Adejo was killed while working on his farm in Otobi by armed men. Despite this tragic incident, Odugbeho remains calm. We urge our people not to take the law into their own hands,” Ejeh said.

He advised residents of Agatu to exercise caution and work closely with security agencies, particularly when farming outside their local government area.

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Reacting to the incident, former Vice Chairman of Agatu LGA, John Ikwulono, and a former government official, Olikita Ekani, expressed deep grief, describing the slain leaders as committed and influential figures in their communities.

As of the time this report was filed, the Police Public Relations Officer for the Benue State Command, CSP Catherine Anene, said she had not yet received an official report on the killings.

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Experts say helicopter firm may face criminal charges over Herbert Wigwe’s death

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Aviation industry operators and experts have confirmed that the operators of the helicopter that killed Herbert Wigwe, the former Group Chief Executive Officer of Access Holdings Plc, along with his wife, son, and three other people in February 2024, may soon be charged with a crime in the United States.

Nigerian aviation experts said the US government will likely charge Orbic Air with criminal negligence. Photo Credit: Herbert Wigwe Source: UGC On February 9, 2024, the Airbus EC130B4 helicopter, which was flown by Orbic Air, LLC.

The incident claimed the lives of two pilots, Wigwe, his wife Doreen, their first son Chizi, and former NGX Group Chairman Abimbola Ogunbanjo.

The primary causes of the incident, according to the US National Transportation Safety Board’s final report, were “pilot disorientation” and a breach of flight procedures, particularly the decision to operate under visual flight rules in instrument meteorological conditions.

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Another possible cause of the tragedy was identified as a malfunctioning radar altimeter that had been detected during a repositioning flight earlier that day. Nigerian aviation experts now predict that the US government will likely charge Orbic Air with criminal negligence before a judicial panel of inquiry.

After reviewing the case, the panel would decide how much the helicopter firm would be held liable for and what penalty it would face.

Capt. Muhammad Badamasi, a former pilot with the now-defunct Nigeria Airways, told The PUNCH that the state was the plaintiff and the helicopter firm was the defendant, stating that the case was already in court.

He said, “It’s already a legal matter. The panel of inquiry will determine whether the crash and the resultant deaths were due to a breach of the company’s safety protocols. If so, it becomes a judicial issue, and charges may follow.”

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Badamasi emphasised that the United States would handle any legal proceedings, adding that interested parties could include representatives from the Nigerian Civil Aviation Authority, the Nigerian Safety Investigation Bureau, the Federal Aviation Administration, and the National Transportation Safety Board. Badamasi also highlighted that the case might mark a turning point for regulatory enforcement in private charter operations, both domestically and abroad, as judicial scrutiny increases.

Similar opinions were expressed by Capt. Ado Sanusi, a retired pilot and current managing director of Aero Contractors, who stated that the state would pursue legal action following the submission of the accident investigation body’s findings regarding the incident’s underlying cause.

The US is expected to pursue legal action following the submission of the accident investigation findings. Photo Credit: Access Bank Source: UGC He said, “Once the investigation report is out, the next step lies with the appropriate legal authorities. If negligence is established, it is within their jurisdiction to act accordingly. The role of the aviation industry ends with identifying the cause.” Chris Aligbe, another industry expert, stated that the case would be tried under US law and that negligence cases are no longer treated lightly in the aviation sector worldwide. He said, “Before now, issues like this happened and the masterminds got away with it, but not anymore, things are changing.

The root cause will be determined and prosecuted in accordance with the law of the land.” Report explains real cause of Herbert Wigwe’s helicopter crash Legit.ng reported that the full report from the U.S. National Transportation Safety Board (NTSB) on the February 2024 helicopter crash that killed Herbert Wigwe, the former Group Chief Executive Officer of Access Holdings Plc, and his family members has been made public.

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Abimbola Ogunbanjo, the former group chairman of Nigerian Exchange Group Plc, Wigwe, his wife Doreen, and their son Chizi were among the six individuals killed in the February 9, 2024, collision near the California-Nevada border. According to the report, investigators determined the “probable cause of this accident to be: the pilot’s decision to continue the visual flight rules flight into instrument meteorological conditions, which resulted in the pilot’s spatial disorientation and loss of control.”

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Count me out of ENDSARS killings in Lagos’, – Nnamdi Kanu

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By Kayode Sanni-Arewa

Nnamdi Kanu, the detained leader of the Indigenous Peoples of Biafra (IPOB), has denied any link to destruction that trailed the #EndSARS protest in October 2020 was triggered by his radio broadcast.

At the resumption of the hearing on Thursday, the video of the interrogation session of the IPOB leader was played in the court.

In the video, Kanu admitted that he made some pronouncements in respect of the #EndSARS protest and other issues via Radio Biafra.

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But the IPOB leader said violence witnessed during the #EndSARS protest in Lagos was outside the south-east geopolitical zone.

He added that his radio broadcast could not have resulted in the violence in Lagos.

Kanu said he was not directly involved in the day-to-day running of both organisations — IPOB and Eastern Security Network (ESN).

He added that the organisations were managed by states’ coordinators.

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The IPOB leader said he did not have authority over the members of the organisations.

Kanu said he would not have subscribed to a referendum for secession if he had authority over the members.

The IPOB leader denied that the group is responsible for the violent attacks and killings in the south-east zone.

He said ESN was established to stop the killings of people in the south-east zone.

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Led in evidence by Adegboyega Awomolo, counsel to the DSS, the witness said the radio broadcast of the IPOB leader led to the killings of eminent Nigerians, including security officers.

The DSS operative said Kanu’s broadcast led to the killing of Stanley Nnaji, a retired judge, and Audu Lucas and Glory Matthew, an intending military couple, in the south-east zone of the country.

The witness said in one of Kanu’s broadcasts, he ordered his followers to enforce a sit-at-home order in the south-east and kill those who disobeyed the directive.

The DSS official said the broadcast also led to the killing of Ahmed Gulak, a former presidential aide to ex-President Goodluck Jonathan.

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The witness said investigation revealed that before Gulak was killed, those enforcing the sit-at-home directive blamed him for coming out the day their leader instructed everyone to stay indoors.

After the witness completed his testimony, Paul Erokoro, the defendant’s lawyer, sought an adjournment for the cross-examination of the DSS operative.

The judge adjourned the matter to May 14, May 21 and May 22 for further hearing.

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