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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 Justice Hassan in a bench ruling averred that the application was granted and the motion was deemed withdrawn.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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Abuja stampede: Wike orders free medical treatment for victims

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Federal Capital Territory (FCT) Minister, Nyesom Wike has ordered government hospitals to provide free treatment to the people that sustained injuries during a stampede at the Holy Trinity Catholic Church in Maitama, Abuja.

Wike gave the directive in a statement signed by his Senior Special Assistant on Public Communications and New Media, Mr Lere Olayinka, in Abuja on Saturday.

No fewer than 10 people including children lost their lives while 10 others sustained injuries to the stampede, during the distribution of food items to less privileged and the elderly by the church.

The sad incident occurred around 6:30 a.m on Saturday.

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Wike said that the FCT Administration would ensure that the injured received adequate medical attention.

The minister, who commiserated with the victims, also directed that henceforth, police permission should be obtained by individuals or organizations planning public distribution of palliatives, either food items or cash.

Describing the incident as “painful”, Wike prayed for the repose of the souls of the lives that were lost and fortitude for their families to bear the irreparable loss.

He commended the Police and other security agencies for their prompt intervention, saying, “the promptness in which security agencies responded to the incident was commendable.”

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In a related development, the FCT Emergency Management Department (FEMD), equally commiserated with the victims of the stampede.

The acting Director General of the department, Mr Abdulrahman Mohammed, in a statement said that nine out of the 10 injured persons earlier taken to Maitama District Hospital, have been treated and discharged.

Mohammed also appealed to organisations that intended to give out food items to the less privileged to involve security agencies or FEMD for adequate planning to ensure safety of beneficiaries.

He also advised the use of coupons and segregation of the beneficiaries into groups to avoid crowd and rowdiness that could lead to stampedes.

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Similarly, the Police Command in the FCT has ordered organisations, religious bodies, groups, or individuals to notify the police when planning public events, charitable activities, or large gatherings in the territory.

In a statement by the Police Public Relations Officer in the FCT, SP Josephine Adeh, said that the notification was to enable the police to deploy adequate security measures for public safety.

According to her, failure to comply with the directive will result in the organisers being held liable for any incident or loss of life resulting from negligence

Meanwhile, the Nigeria Police Force has issued a warning against the unorganised distribution of palliatives and funfairs, which have led to stampedes and fatalities among vulnerable citizens.

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The Force Public Relations Officer, ACP Olumuyiwa Adejobi, gave the warning during a media briefing on Saturday in Abuja.

Adejobi explained that the warning came in response to the increasing number of stampedes resulting in injuries and deaths, particularly during palliative distributions.

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Just in: Albanian govt bans TikTok

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Albanian Prime Minister Edi Rama has announced his government’s intention to ban TikTok for at least one year starting from January following the death of a schoolboy last month that further fueled fears about the influence of the short video-sharing platform on children.

“We are going to close it for a year, and we are going to start rolling out programs that will serve the education of students and help parents follow their children’s journey,” Mr Rama said during a meeting with teachers, parents and psychologists in Albania’s capital Tirana on Saturday.

Discussions around the negative impact of social media on children were further amplified a couple of weeks ago after a 14-year-old school was killed and another injured in a fight near a school in southern Tirana, with reports suggesting the confrontation began on social media.

“In China, TikTok promotes how students can take courses, how to protect nature, how to keep traditions, but on the TikTok outside China, we see only scum and mud. Why do we need this?” Mr Rama said.

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He described TikTok as “the thug of the neighbourhood.”

This is the latest setback in TikTok’s moves to redeem its reputation over threats to national security and harmful influences on children in many countries.

The company said it is seeking urgent clarifications from the Albanian government about the proposed ban.

According to the BBC, TikTok said it found no evidence that the suspect who stabbed the 14-year-old boy or the victim himself had TikTok accounts.

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TikTok is already banned in India, Iran, Nepal, Afghanistan and Somalia, with the U.S. moving to join the list after Congress passed a bill to ban the app in the country if its Chinese parent company, ByteDance, does not sell the platform by January 19 on national security grounds.

The U.S. Supreme Court has agreed to hear last-minute legal arguments from TikTok as to why it should not be banned or sold, with a hearing scheduled for January 10.

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Hunger! Anger as over 75 Nigerians die in Stampede while struggling for food

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No fewer than 75 Nigerians seeking alms tragically lost their lives in stampedes over the past four days, sparking widespread anger across the Nigeria.

Amid the ongoing economic difficulties facing the population, almsgiving events have attracted large crowds, often resulting in fatal stampedes.

In the past four days alone, three separate stampedes have occurred during food and item distributions organized by individuals, groups, and religious organizations.

40 Children Die in Ibadan Funfair Tragedy

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A tragic incident occurred on Wednesday, December 18, at the Islamic High School in Bashorun, Ibadan, where about 40 children lost their lives in a stampede at a funfair organized by Prophetess Naomi Shikemi, former wife of the Ooni of Ife. The Oyo State Police reported recovering 35 bodies at the scene, with six others severely injured and hospitalized. However, the death toll rose to 40 by December 20 as more victims succumbed to their injuries. Naomi and several event sponsors were arrested as the police began investigating the cause of the tragedy.

More Than 20 Dead in Anambra Rice Distribution Stampede

In Okija, Anambra State, a stampede at a rice distribution event organized by the Obijackson Foundation resulted in the deaths of at least 20 people on December 21. The large turnout and desperate scramble for the rice caused the tragedy. Several others remain critically injured.

The Federal Capital Territory was also affected by a stampede on Saturday, December 21, at the Holy Trinity Catholic Church in Maitama, where about 15 alms seekers were killed during a food distribution. According to the police, 10 bodies were recovered, including four children and six adults. However, witnesses reported more casualties. The incident occurred when the crowd exceeded expectations, and the organizers lost control of the situation.

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Public Outcry and Criticism of Tinubu’s Government

The series of tragedies have prompted widespread criticism of President Bola Tinubu’s government, with many attributing the incidents to the worsening economic conditions in the country.

Human rights activist Omoyele Sowore declared that these events reflect the deep crisis Nigeria is facing under the current administration. He argued that the economic hardships have exacerbated the struggles of ordinary Nigerians.

Aisha Yesufu: Tinubu is Responsible

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Aisha Yesufu, a prominent socio-political activist, expressed her dismay at the incidents, accusing President Tinubu of creating a situation where such tragedies have become commonplace. She criticized the administration for turning Nigeria into a “massive grave.”

Ezekwesili and Obi: Economic Crisis at the Heart of the Tragedies

Former Education Minister Obiageli Ezekwesili also highlighted the economic distress in Nigeria, stating that these stampedes reflect the devastating food poverty affecting many Nigerians. Similarly, former presidential candidate Peter Obi lamented the country’s inability to feed its people despite its abundant resources, attributing the tragedy to poor leadership.

Osita Okechukwu, an APC founding member, urged the nation to focus on empathy rather than blame. He emphasized the need for urgent reforms to address the country’s economic challenges and put the needs of the people at the center of policy decisions.

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Police Warning on Charitable Events in the FCT

The FCT Police Command issued a warning, stating that any organization or individual planning charitable events in the capital must notify the police in advance to ensure adequate security measures. Failure to do so could lead to liability for any resulting harm or loss of life.

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