A retired Assistant Inspector General of police was recently in the news having been found in the possession of a stolen vehicle. Although he claimed to have purchased the vehicle from a market auction, thereby having acquired a good root of title to the sport utility vehicle (SUV), he also claims to have no idea that the vehicle was stolen before it was auctioned. 

Readers should take note that buying a stolen item even at the auction is a criminal offence punishable with prison terms in Nigeria. There are a lot of cases with similar facts where the courts have convicted persons simply because they received or bought a stolen item. Some of these convicts are ignorant of the fact that the goods they bought or received were stolen but as we say in law; “ignorantia numquam excusat ante legem” (ignorance is never an excuse before the law). 

In October 2022, three friends were arraigned before the Grade I Area Court, Kado in Abuja for allegedly buying stolen goods. They were subsequently convicted by the court for criminal conspiracy and for receiving stolen property. Also, back in 2011, An Area Court in Jos sentenced two traders, Imirana Samaila and Mohammed Sani to three years imprisonment for buying stolen motor spare parts. 

This offence of receiving stolen goods contravenes the provisions of Sections 97 and 317 of the Penal Code (which is applicable in Northern Nigeria) and Section 427 of the Criminal Code Act (which is applicable in Southern Nigeria). 

Section 427 of the Criminal Code act states that “any individual who obtains any property through any act establishing a felony or misdemeanor, or through whatever act performed outside of Nigeria that would have constituted a felony or misdemeanor if done in Nigeria would have constituted a felony or misdemeanor, and which is an offence under the laws in force in the place where it was done, knowing the same to have been so obtained, is guilty of a felony”. This statute places the punishment of seven years jail term to life imprisonment for the offenders. 

For a receiver of a stolen item to be prosecuted, the prosecutor must prove that the item in question was indeed stolen and in the case of BABAGANA v. STATE (2020) LPELR-51431(CA) the court of appeal itemized six ingredients that must be proven or be present before an item will be deemed to have been stolen and according to the appellate court, those ingredients are; 

1. That the property in question is movable property.
2. That the property was in the possession of a person. 
3. That the accused person moved the property whilst in the possession of the person. 
4. That he did so without the consent of that person. 
5. That he did so in order to take the property out of the possession of that person. 
6. That he did so with the intent to cause wrongful gain to himself or wrongful loss to that person.

The only time that a person can purchase a stolen property and will not be prosecuted is when the purchaser purchases the item from market overt because it is deemed that a reasonable person will presume that any good sold on market overt has a good root of title. A buyer in a market overt acquires a good title to the goods.

Stanley Alieke is an Abuja based legal practitioner.

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The Niger State Government has filed lawsuits against North-South Power Company Limited and Mainstream Energy Solutions Limited at the Federal High Court in Minna for nonpayment of ground rents and land charges spanning from 2017 to 2022.

The lawsuits also involve the Federal Ministry of Power and the Nigeria Electricity Liability Management Company.

The State Internal Revenue Service, acting as the plaintiff, is seeking approximately ₦140bn owed by the power-generating companies to the state during the specified period.

In two separate cases, the State Internal Revenue Service has asked the court to declare its authority to demand all outstanding ground rents and land charges related to the landed property and facilities utilised by the defendants in the state.

Counsel to the plaintiff, Mohammed Ndayako, SAN, and Aliyu Lemu, SAN, are seeking a court order directing the defendants to pay the accrued charges.

Additionally, they request the court to instruct the defendants to pay ten percent interest per annum on the judgement sum until fully settled and cover the litigation costs.

In the first case, involving North-South Power Company Limited, the defendant was absent from court, while in the second case, involving Mainstream Energy Solutions Limited, its counsel was present.

Justice Abdullahi Mohammed Dan-Ige has adjourned the case to February 19, 2024, to allow for the service of court processes to the absent defendants.

[Leadership]

A former presidential spokesman, Femi Adesina, has revealed why the late Chief of Staff to President Muhammadu Buhari, Abba Kyari, had issues with him till death.

Adesina disclosed that he endured a strained relationship with Kyari from the onset of his appointment.

He noted that the late Chief of Staff refused to grant him unhindered access to the President, despite Buhari’s directive to that effect.

In his book, ‘Working with Buhari: Reflections of a Special Adviser, Media and Publicity (2015-2023)’, Adesina claimed that Kyari deliberately prevented Buhari from funding the operations of the presidential media office for five years.

Adesina said in the book, “In June 2015, I had done a memo to the President, recommending some people to be taken on as staff in the Media Department. They had gone through the campaign and struggles with us and pedestaled themselves as dyed-in-the-wool Buharists. They were from different parts of the country.

“I explained that much to Mr. President the day I took the memo to him. He thanked me and said he would pass it to the SGF (Secretary to Government of the Federation) when he appointed one, so it would be on record. Fair enough.

“When a COS (Chief of Staff) and SGF were appointed, the President directed the memo to the COS. Also in order. But Malam Kyari just sat on it for the next one year. He did not say anything on it.

“Eventually, my colleague, Garba Shehu, went to see him. And he confessed to Shehu that he shunned the memo because I had taken it directly to the President. But the June date on it was clear. He had not even been appointed then.

“The second had to do with funding of the Media Department. There was no budget line, and funds were usually provided by the Office of the NSA, as needs arose. I had consulted with two of my predecessors, Dr. Reuben Abati, and Ima Niboro, who had briefed me.

“Media and publicity is not cheap, not anywhere in the world, but it would amaze you that we operated for five years without a dime. After the NSA was appointed, I went to meet and brief him about how publicity was usually funded from his office. It was a Friday, and he promised that anything that would make me and the man we had come to serve succeed, he would do.

“Exactly a week later, after the Jumat service, the NSA walked into my office, with his two hands in the air. I asked what the matter was. He told me he had received a memo from the President, directing that nothing, absolutely nothing, must be funded from his office, except security. In the light of that, the promise he had made me was no longer tenable.

“I thanked him and said I would meet the President. And I did. That very night, in the house. I remember that it was only myself and General Dambazau that were waiting to see him. He is a senior friend, and I told him the purpose of my visit.

“He was quite surprised that over three months media and publicity was not being funded yet.

“He asked how we were doing it, and I said myself and Shehu were using goodwill.

“When I met the President and told him of my encounter with the NSA, he confirmed that he gave the directive, and explained why.”

He quoted Buhari as saying, “A lot was done through the Office of the NSA, and there were no records. I do not want that. We will institute a probe into the activities of the office (it was eventually done), and you will see what happened there. I don’t want the media funded from there again.

“Meet the Chief of Staff and let him design how we would be funding media.”

Adesina narrates further: “The next day, I went to see the COS in the office. I had just started talking, when he impatiently started to say: ‘No, no, no. Media is not funded from here. Media is not funded from here.’ He would not even give me a chance to talk. And lest I appear as someone just after funding, for what I would gain, I left his office and never went back to the President. For the first five years, the media did not receive one naira, till the SGF, Boss Mustapha, heard about it and designed a budget line from his office.

“It was not up to what was required, but it was better than nothing.

“Third encounter. A retired General, someone well respected in the country, had wanted to see the President.

“Many times, he applied through the office of COS, which is the proper channel. He never got feedback. So he phoned and asked me to intervene since the issue he wanted to discuss was quite serious. I went to the President, and mentioned the General, and why he needed to come see him.

“The President just said: ‘Tell SCOP to schedule him for 8:00 pm tomorrow in the house.’ I passed on the word and left for my office. I had not been seated for five minutes when my intercom rang. It was the COS who wanted me to come to his office.

“He started screaming as I entered: ‘Why did you get an appointment for Gen..? Why did you? You always go behind me to relate with the President. You have to stop it.’

“Remember the President’s instructions to me the day I resumed work: ‘Do not let anybody stop you from seeing me. Anytime you need to see me, just come.’ I never abused that rain check but went to see the President only when it was totally necessary, throughout the eight years. And he was always gracious to me.

“But apparently, it became an issue with Malam Abba, so we were not quite chummy, but we were also not enemies.”

[DailyPost]

Africa’s best footballer of the year, Victor Osimhen has confirmed to the media that he has made his decision on the next step to take amidst his club crises.

He disclosed this during an interview with CBS saying, “I have already made my decision on the next step to do at the end of the season. I already made up my mind. I already have my plan, I know what I want to do, the next step I want to take.”

When questioned about speculations regarding his potential move to Premier League clubs such as Chelsea and Arsenal, the Napoli striker responded by stating that nothing is confirmed at the moment.

He expressed his intention to focus on finishing the season strongly with his current club and indicated that he will make decisions about his future plans afterward.

He said: “I think 60% of the people mention the rumours about me linked with the Premier League”

“Premier League is one of the biggest leagues in the world. I want to finish the season with Napoli strong and then come up with the decision I’ve already made.”

Recall that Victor Osimhen signed a fresh contract with Napoli a month ago, securing his commitment to the club until 2026.

[TheNation]

Femi Gbajabiamila, the Chief of Staff to President Bola Ahmed Tinubu, has been enmeshed in a corruption scandal.

Gbajabiamila was allegedly fingered as one of the beneficiaries of the largesse of corruption uncovered under the Chief Executive Officer of the Assets Management Corporation of Nigeria (AMCON), Ahmed Kuru, and the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

A source in the presidency told SaharaReporters that the report of the CBN Special Investigator, Jim Obazee, exposed how Gbajabiamila allegedly benefitted from Kuru’s “largesse of Ikoyi properties from his days as Speaker of the House of Representatives”.

The source claimed that Gbajabiamila, in return, had ensured Kuru remained as AMCON’s Chief Executive after about nine years.

“President Bola Tinubu is under pressure from some political associates, whom Kuru has soiled their white robes, including the Hon Femi Gbajabiamila (President’s Chief of Staff), who has benefitted from Ahmed Kuru’s largesse of Ikoyi properties from his days as Speaker of the House of Representatives,” the source said.

The source noted that “Gbajabiamila had persistently blocked Kuru’s removal as AMCON’s Chief Executive after about nine years in office, over two terms of a democratically elected President.”

Recall that the Special Investigator’s report on the probe of Emefiele uncovered the alarming sums of public funds which went into the fraudulent acquisition of Polaris, Keystone and Union banks under Emefiele and AMCON under Kuru’s leadership.

Following the report, the Central Bank of Nigeria (CBN) dissolved the board and management of Titan Trust Bank, Union Bank, Polaris Bank and Keystone Bank.

This followed a report submitted to President Bola Tinubu by the Special Investigator on the Central Bank of Nigeria and Related Entities, Jim Obazee.

It was reported that the decision to dissolve the boards was taken after a meeting between the CBN Governor, Yemi Cardoso, Obazee and the boards of the four banks, including Titan Trust Bank’s investors, who had earlier avoided meeting with the Special Investigator.

The platform reported in December 2023 that the office of the Special Investigator had insisted that the Chairman of Titan Trust Bank (TTB), Tunde Lemo, Cornelius Vink and Rahul Savara, must appear before it over the acquisition of the Union Bank of Nigeria.

Independent financial investigations revealed that Ahmed Kuru threw all others under the bus to save his neck by blackmailing all government officials who had benefitted from his generosity through the sharing of Ikoyi and Abuja properties.

A forensic observer noted that the special investigator’s report that did not indict Kuru raised concerns over whether it was deliberate as a result of a bargain.

[NaijaNews]

NATO on Tuesday signed contracts worth $1.2 billion to acquire over 200,000 155-millimetre artillery shells in the face of Russia’s invasion on Ukraine.

Members of the Western military alliance have drained their stocks sending shipments of heavy ammunition to help Ukraine’s forces battle Russia in a brutal war of attrition.

The latest deals — signed with French firm Nexter and Germany’s Junghans Microtec — are estimated by officials to cover around 220,000 shells and deliveries to NATO members will start at the end of 2025.

“It is important that our allies refill their own stocks as we continue to support Ukraine,” NATO chief Jens Stoltenberg said.

The US-led alliance last year launched a plan to bolster defence production and has since inked joint procurement contracts for ammunition worth some $10 billion.

Those include a deal to buy up to 1,000 European-produced Patriot air defence missiles that was signed last month.

The European Union has also launched its own efforts to increase defence production, but the 27-nation bloc is falling far short of a target of supplying Kyiv one million artillery shells by March.

The push to refill stocks and ramp up output comes as doubts swirl over future support for Ukraine from key backer the United States.

Stoltenberg insisted that Kyiv’s supporters “will support Ukraine with the systems and the weapons and ammunition they need to prevail as a sovereign, independent country.”

He said the alliance for now did not “see any direct or imminent threat against any NATO ally” from Russia and had stepped up its eastern defences to dissuade Moscow from any aggression.

AFP

A customer has filed a lawsuit seeking N50 million in general damages over alleged erroneous billing practices from Abuja Electricity Distribution Company (AEDC).

The customer, Ugochukwu Orakwue, a resident of Kogi, filed the lawsuit, in an originating summon submitted to Justice Nicodemus Auwalu of High Court II in Lokoja, Orakwue contended that the AEDC deliberately and inaccurately billed him for electricity, refusing to read his Postpaid Meter and instead relying on inflated estimated bills.

The plaintiff petitioned the court to issue an order restraining the AEDC from continuing to issue him electricity bills based on estimation, insisting that the bills should reflect the actual reading of his postpaid meter.

Furthermore, Orakwue sought a declaration that the AEDC’s practice of issuing bills based on estimation rather than meter readings violated the regulations set forth by the Nigerian Electricity Regulatory Commission (NERC), deeming such actions illegal, null, and void.

The lawsuit

An excerpt of the lawsuit reads.

• “A declaration that all the electricity bills issued to the claimant by the AEDC based on estimation starting from the bill of 19” Oct. 19, 2015, being exercise or action founded on illegality are null, void and of no legal effect or consequence.
• “A declaration that AEDC’s action of concealing the information of the claimant’s status as a metered customer by the wilful refusal to insert his meter number in his electricity bills contravenes the NERC’s regulation and therefore illegal, null and void.
• “A declaration that the defendant’s act of disconnecting the claimant’s electricity supply for nonpayment in less than ten (10) days of the bill date, without issuing a disconnection notice to the claimant’s even when the complaint filed by him against the bills remains unresolved and contravened the NERC’s regulations and therefore illegal, null and void.
• “A declaration that the claimant is entitled to be refunded the sum of N25,000 and Three Thousand Naria (N3,000) reconnection fee coercively collected from him by the defendant on July 28, 2023, before the reconnection of his electricity supply illegally or unlawfully disconnected by the defendant.”

During the recent court hearing, the AEDC’s counsel, Mr. G.D. Dubai, informed the court that discussions had commenced with the claimant to explore an out-of-court settlement.

Dubai conveyed that most of the issues raised had been forwarded to the management at the AEDC’s headquarters in Abuja for consideration.

The court, acknowledging the ongoing discussions, adjourned the case to February 22 for a report on the progress of the settlement or potential continuation of the hearing.

[Nairametrics]

There seems to be confusion in Rivers State over the two different rulings of the Federal High Court on the ongoing political crisis in the state.

Governor Siminalayi Fubara and his predecessor and minister of the Federal Capital Territory (FCT), Nyesom Ezenwo Wike, had been at loggerheads since October 2023 when members of the House of Assembly made moves to impeach him.

Justice James Omotoso nullified the 2024 budget as approved by the Rt. Hon. Edison Ehie-led House of Assembly and assented to by the governor.

However, Justice J. O. Abdulmalik, directed the parties not to take further steps, pending the determination of an application that is seeking to stop Fubara from re-presenting the already passed 2024 budget of the state before the legislative house.

While some residents, believed to be supporters of Wike, are celebrating the Omotoso judgement, supporters of Fubara are celebrating the Abdulmalik ruling.

Omotoso, in his judgement also ordered the governor to represent the budget to the legally constituted House of Assembly under the Speaker, Martin Amaewhule.

On his part, Abdulmalik, directed the parties not to take further steps, pending the determination of an application that is seeking to stop Fubara from re-presenting the already passed 2024 budget of the state before the legislative house.

The court fixed February 28, 2024 to hear the application which was brought before the court by six elders of the state.

The plaintiffs in the matter, led by a member of the Rivers State House of Assembly representing Bonny State Constituency, Hon. Victor Okon Jumbo, are; Senator Bennett Birabi, Senator Andrew Uchendu, Rear Admiral O.P. Fingesi, Ann Kio Briggs and Emmanuel Deinma.

They had through their team of lawyers led by Mr. Olukayode Ajulo, SAN, approached the court, praying it to declare seats of 27 lawmakers in the state that defected from the Peoples Democratic Party (PDP) to the All Progressives Congress, (APC) vacant.

In a 19-paragraph affidavit that was deposed to by the 6th plaintiff, Deinma, who identified himself as an indigene of Rivers State from Okrika Local Government Area, the court was told that sometime in November, 2023, 27 out of 32 members of the Rivers State Assembly, “without any justification or lawful excuse whatsoever, decided to defect from the PDP, being the platform under which they were elected.”

[Leadership]