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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 Justice Hassan in a bench ruling averred that the application was granted and the motion was deemed withdrawn.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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Lagos Youths Condemn Attacks on Seyi Tinubu By Faceless Groups

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By Gloria Ikibah
A group under the auspices of Coalition of Lagos Indigenous Youth (CLYI), has disassociated itself from recent media publications aimed at discrediting Mr. Seyi Tinubu, the son of President Bola Tinubu.
Coordinator of the group, Hon. Tunde Azeez in a strongly-worded statement issued on Tuesday, described the allegations as baseless and perpetrated by faceless individuals seeking to tarnish Mr. Tinubu’s reputation.
The coalition clarified that the controversial post circulating on social media, purportedly made by its members, is fraudulent.
“We wish to categorically state that the earlier post did not originate from the members or executives of the Coalition of Lagos Indigenous Youth,” Azeez asserted.
Describing Mr. Tinubu as a “proud and industrious son of Lagos,” the coalition pledged unwavering support for him, and noted his significant contributions to youth empowerment and development in Lagos.
The group further expressed its readiness to support Mr. Tinubu should he decide to declare interest in the governorship of Lagos State, although they clarified that he has not engaged in political discussions with any group or individual regarding such aspirations.
“Seyi Tinubu is one of us, Lagos is home and will remain home for him, not just as an indigene but also as a critical player dedicated to helping young people.” ,” the statement emphasized.
The group further directed a stern warning to the faceless individuals behind the defamatory campaign, particularly one Ibrahim Whyte, whom they accused of impersonating the coalition.
“We strongly caution Ibrahim Whyte and his cohorts to desist from blackmailing Mr. Seyi Tinubu while falsely impersonating our group,” it added.
The coalition vowed to explore legal options to protect its integrity and that of Mr. Tinubu, should the defamation persist.
CYLI, concluded by urging Lagosians to disregard the misleading narratives and focus on fostering unity and development in the state.
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House Approves President Tinubu’s N1.767trn Loan Request

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By Gloria Ikibah
The House of Representatives has granted approval for the implementation of the new external borrowing of N1,767, 610, 321, 779.00 (USD 2.209B).
The approval was sequel to the adoption of the recommendations of the House Committee on Aids, Loans and Debt Management Chaired by Rep. Abubakar Nalaraba, and presented at the Committee of the Whole on Thursday.
Presenting the report, the Committee Chairman, Rep. Nalaraba said the committee met and made the following recommendations, which he entreated the House to approve.
He said: “Approve the implementation of the New External Borrowing of one trillion, seven hundred and sixty seven billion, six hundred and ten million, three hundred twenty-one thousand, seven hundred and seventy-nine Naira (₦1,767, 610,321,779.00) (equivalent of USD2, 209, 512, 902. 22b) at the Budget
Exchange rate of USD1.00/800 in the 2024 Appropriation Act and that the amount should be raised from one or more sources. Namely; issuance of Eurobonds in the ICM, Issuance of debut sovereign Sukuk in the ICM, Bridge/syndicated loans, subject to market conditions;
“That based on availability and cost, to issue Eurobonds in the sum of USD1.70 billion or more, but not more than USD2,209,512,902,.22b, approved as New External Borrowing in the 2024 Act;
“Given the significant increase in the official exchange rate from USD1.00/₦800 to approximately ₦1,640, it is recommended that the exchange rate excess resulting from this adjustment be exclusively utilised for implementation of capital projects in 2024, to ensure that additional funds are
directed to impactful infrastructure & developmental projects that will contribute to the Nation’s long term growth and stability;
“Approve the Promissory Note Programme and Bond Issuance to settle outstanding claims and liabilities of the federal government. This approval prioritizes the issuance of Promissory Notes to address outstanding reimbursement debts owed to States, high-priority judgment debts, and other liabilities incurred by Federal Ministries, Departments, and Agencies. This measure is critical to preventing additional interest costs, mitigating further increases in the Federal Government’s debt profile, and reducing the debt-to-GDP ratio;
“That the Hon. Minister of Finance and Coordinating Minister of the Economy, working with the Debt Management Office are authorised to take all necessary actions required to give effect to this.”
The lawmakers unanimously adopted and passed the recommendations.
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Reps Direct IGP, DG DSS To Deploy Personnel To Etsako LGA Over Worsening Insecurity

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By Gloria Ikibah
The House of Representatives has directed the Inspector General of Police, Kayode Egbetokun, Chief of Defence Staff, General Christopher Musa and Director General, Department of State Services, Oluwatosin Ajayi to urgently deploy personnel to tackle the worsening insecurity in Itsukwi, Imiakebu, Imiegba and Okpekpe communities in Etsako East Local Government Area of Edo State.
The resolution was sequel to the adoption of a motion of urgent public importance on the “Urgent need to deploy security agents to Itsukwi, Imiegba, Okpekpe and Imiakebu communities to halt herdsmen’s onslaught against innocent citizens,” by Rep. Billy Osawaru, member representing Orhionmwon/Uhunmwode Federal Constituency, Edo State on Thursday at plenary.
Rep. Osawaru, drew the attention of the House to the provision of Section 14 (b) of the 1999 Constitution (As amended) on the need for government to provide security and welfare for the people.
He stated that Section 17 (b) of the Constitution provides that the sanctity of the human person shall be recognised and human dignity shall be maintained and enhanced; governmental actions shall be humane.
According to him,  Chapter 4 of the nation’s Constitution in Section 33 (1) provides that “Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.”
He said: “The House is aware that on Monday, October 28, 2024, herdsmen invaded Ugbereke, a popular farmland known for its fertility and destroyed completely the yam plantation of a youth leader in Itsukwi community (Ward 9, Etsako East Local Government Area, Edo State), Mr Samuel Igbeneghu.
“The House is also worried that on Tuesday, November 5, 2024, three farmers by the names Umuagene Obey, Emuesugheli Obi and Ogbitabu Imoudumhe (all from Okpekpe community in Ward 10, Etsako East Local Government Area of Edo State were ambushed on the way to their farms and brutally murdered by suspected herdsmen.
“Same day, the killers made their way to Ugbereke, and killed one Undyar Aondongu (male) while  five women were beaten and left to flee with various degrees of injuries.”
The lawmaker stated that as a result of these violent campaigns, farmers in these communities no longer visit their farms for fear of being attacked or killed.
He therefore warned that if the Federal Government fails to take urgent steps to address the crisis, acute hunger owing to food scarcity would be the natural consequence, not just for the people of the area but the entire Etsako East Local Government Area and by extension, Edo State as a whole.
Then the presided officer, Speaker Tajudeen Abbas put itcto a vote, the House unanimously adopted the motion, observed a minute silence in honour of the dead and directed the immediate deployment of security agents to the four communities.
The House also mandated the Inspector General of Police and other relevant security agencies to investigate this tragic incident and fish out the perpetrators for prosecution, while also tasking them to Immediately step up the security surveillance to contain the escalation of insecurity within Itsukwi, Imiakebu, Imiegba and Okpekpe communities and beyond.
The legislative body also urged the Inspector General of Police, Chief of Defence Staff, DG, DSS, General Officer Commanding 2 Division of the Nigerian Army and the Commander, 4th Mechanised Brigade in Edpo State to deploy their personnel to Itsukwi, Imiakebu, Imeigba and Okpekpe communities to safeguard the lives and properties of the people.
The motion was subsequently referred to the House Committee on Army, Police, National Intelligence and Legislative Compliance with a timeframe of four weeks to report back for further action.
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