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PMS: Court picks Jan 18 for judgment in Contractor, Oyo govt. suits

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An Oyo State High Court sitting in Ibadan has fixed January 18, 2021 for judgement in a suit filed by a contractor, Mr Olufemi Oniyide of Moxharley Nigeria Limited against the state government over alleged intellectual property theft with respect to the Park Management System (PMS) in the state.

Justice Munta Abimbola fixed the date for judgment  after parties adopted their written addresses and processes as their arguments in the matter.

Mega Icon Magazine reports that Mr. Olufemi Oniyide through his counsel, Olamiji Martins Esq, had earlier written the Oyo State Governor,  Engr. Seyi Makinde  

sometimes in February 2019 alleging that the Park Management System (PMS) currently in use by the state government was his idea which he submitted to the office of the Governor through his Chief of Staff, Chief Luqman Oyebisi Ilaka.

According to Oniyide , when the state government refused to look into the merit of his case, he took the matter to the Oyo State High Court sitting in Ibadan.

The matter with suit number I/421/2020 was filed on 14th May 2020 by Olamiji Martins Esq. and heard by Justice Munta Abimbola sitting in Court 1.

Oyo State Government, Attorney General of Oyo State, Chief Luqman Oyebisi Ilaka, Commissioner for Public Infrastructure and Transportation and Oyo State Board of Internal Revenue were sued as Defendants.

On the first day the matter came up in court, which was 21st May 2020, Justice Abimbola called the case ‘a novel matter’

On 10th August 2020, Oniyide’s lawyers, Olamiji Martins Esq. and Aborisade Adedayo Victor Esq. amended their Writ of Summons, Statement of Claim and Oniyide’s Oath. In the amended process, Oniyide through his lawyers alleged that the Oyo State government is liable under the Common Law Tort of Passing-Off, breach of contract and retroactive ratification under the law of agency having launched the unregistered proposal submitted by Oniyide as if it were that of Oyo State.

The Defendants were initially represented by the Director of Civil Litigation, Oyo State Ministry of Justice, Mrs. F. B. Segun-Olakojo Esq. who filed a memorandum of appearance on 3rd of June 2020.

However, Olakojo Esq. was replaced by another lawyer, Banjo Aiyenakin Esq. who is from Ondo State.

In open court, it was mentioned that Olakojo Esq was debriefed by the Attorney General of Oyo State, Prof. Oyelowo Oyewo SAN because the matter is a political matter. Aiyenakin Esq filed the Defendants’ Amended Joint Statement of Defence on 23rd September 2020.

On 23rd September 2020 Olamiji Martins Esq. opened the case for the Claimants and called Olufemi Oniyide who was the single witness.

Aiyenakin Esq. for the Defendants also called a single witness, Engineer Abayomi Oluwarotimi Atunbi, a Director at the Ministry of Public Works and Transports.

It was the case of the Claimants that the submission of the proposal to the Defendants constitutes an offer in law.

The launching of the same proposal constitutes an acceptance by conduct irrespective of the change in name.

He relied on the case recently won by the late Ibadan Billionaire, Chief Harry Akande against Shoprite Checkers Limited at the Court of Appeal, Lagos division.

Although , the Defense lawyer, Aiyenakin Esq argued that the Park Management System (PMS) was the idea of Governor Seyi Makinde, adding that the governor  brought the idea from Europe. He maintained that the governor had the Park Management System (PMS) in the pipeline when he was campaigning in 2019.

Meanwhile, Justice Munta Abimbola called back the parties on 2nd December 2020 and 16th December 2020 for further address on the issue of jurisdiction as raised by the Defendants. He asked counsel to the Claimants whether the Oyo State High Court has jurisdiction to entertain a matter bothering on Passing-Off.

In his arguments, counsel to the  claimants, Olamiji Martins Esq. responded by citing the Supreme Court case of Ayman Enterprises Limited v. Akuma Industries Limited to the effect that since Oniyide’s proposal as submitted to the Oyo State government wasn’t registered, a fact admitted under cross examination, passing-off right of action didnt arise from the infringement of any federal enactment and therefore the Federal High Court would not have jurisdiction to entertain the matter but Oyo State High Court.

Defendants’ lawyer, Aiyenakin argued that the Oyo State High Court doesn’t have jurisdiction to entertain the matter and placed heavy reliance on Section. 251(1)(f) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) adding that the Federal High Court is conferred with the jurisdiction to entertain matter related to copyright, patent, trademark and passing-off.

He, therefore urged the court to strike out the matter.

But, when asked to reply by Justice Abimbola, counsel to the  claimants, Martins Esq argued that the Constitution didnt suggest that an unregistered proposal is at the sole jurisdictional prerogative of the Federal High Court.

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Crime & Court

Police to Sanction Officers Filmed Collecting Cash from Chinese Nationals

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The Nigeria Police Force has vowed to sanction its officers caught in a viral video receiving money from Chinese nationals, describing the act as a disgraceful breach of professionalism and a violation of the Force’s core values.

In the now widely circulated footage, several Chinese individuals are seen handing out naira notes to uniformed Nigerian policemen, who were lined up in what appeared to be a well-orchestrated arrangement. The video has since sparked widespread condemnation on social media, with many Nigerians expressing outrage and calling for systemic reform within the police.

The disturbing scene, showing armed officers accepting cash in broad daylight, has raised serious questions about the integrity and discipline of personnel within the Force.

Reacting to the incident, Force Public Relations Officer, ACP Muyiwa Adejobi, issued a strong statement on Thursday condemning the officers’ actions as both “unprofessional and unethical.”

“The Nigeria Police Force has taken cognisance of a disturbing video making rounds in the media space, showing police officers receiving money from a Chinese national,” Adejobi stated.

“The Force has strongly condemned the conduct exhibited by the police officers in the video. The actions of the officers do not represent the established ethics, standards, and core values of the Nigeria Police Force.”

He further revealed that the officers involved have been identified and are currently undergoing disciplinary procedures, although he did not specify the nature of the sanctions to be meted out.

Adejobi assured members of the public that the incident would be thoroughly investigated and that appropriate disciplinary actions would follow.

In addition, he issued a stern warning to individuals and corporate organisations who engage the services of police officers, particularly for private escorts and guard duties, urging them to refrain from acts capable of tarnishing the image of the Force.

“The Nigeria Police Force hereby cautions individuals and organisations privileged to the services of police personnel, particularly as escorts and guards or other specialised services, to desist from any act capable of degrading the integrity of its officers and bringing the Force to disrepute,” he warned.

 

 

 

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‘We Warned Nigerians’ — EFCC Reacts to N1.3tn CBEX Collapse, Pledges Recovery

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Amidst widespread public outrage over the collapse of a digital investment platform, CryptoBank Exchange (CBEX), which reportedly led to the loss of over N1.3 trillion in funds belonging to Nigerian investors, the Economic and Financial Crimes Commission (EFCC) has reiterated its earlier warnings against patronising Ponzi schemes.

Speaking on Channels Television’s The Morning Brief on Wednesday, EFCC spokesperson Dele Oyewale confirmed that the anti-graft agency had long taken steps to sensitise Nigerians on the dangers of fraudulent investment schemes.

The CBEX platform, which reportedly crashed on Monday, left countless Nigerians unable to access their investments, sparking a flurry of emotional video testimonials and appeals for justice across social media platforms.

“You’ll recall that on March 11 this year, the Executive Chairman of the EFCC, Mr Ola Olukoyede, directed us to issue a public alert concerning 58 Ponzi scheme companies. We made that list public – that shows we were proactive,” Oyewale said.

“Regarding CBEX, we are fully aware of the situation and have been taking action. Before the outcry, we were already investigating; during the public response, we continued working, and even now, the work is ongoing.”

He stressed that the EFCC should not be blamed for the CBEX incident, noting that the platform is run by a Chinese digital trading firm with no legal ties to Nigeria.

“All the so-called offices people mentioned in Ibadan and elsewhere are not functional; the entire operation exists online,” he clarified.

Oyewale further explained that the EFCC has consistently warned Nigerians against online criminal schemes and that extensive public awareness efforts had already been made. He argued that the onus now rests on the public to be more discerning when investing their funds.

He highlighted the importance of the recently enacted Investment and Securities Act 2025, describing it as a robust legal instrument aimed at curbing unlawful investment practices.

“Any entity engaging in digital trading without a proper licence and compliance with extant laws is committing a criminal offence,” Oyewale stated.

He also cautioned Nigerians to scrutinise unrealistic investment promises.

“If someone says, ‘Bring your money and get a 100% return in 30 days,’ that’s not only impractical, it’s deceptive,” he noted. “Even with Nigeria’s prevailing interest rate at 27.5%, no legitimate investment yields such returns.”

He urged investors to verify the compliance of investment platforms with key financial regulations, including the Money Laundering Prevention and Prohibition Act 2022, the Proceeds of Crime Act, and the Terrorism Financing Act.

Despite the grim situation, Oyewale gave hope to victims, assuring that the EFCC is collaborating with global partners to recover the lost funds.

“We are already working with Interpol and other international development agencies to bring the perpetrators to justice,” he confirmed.

“While the recovery process may not yield immediate results, we assure Nigerians that the EFCC will not abandon them. Escapism is not a solution – we are responsible and professional, and we will ensure justice is served.”

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Court Strikes Out Falana, Falz’s N1bn Defamation Suit Against Verydarkblackman

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A Lagos High Court sitting in Ikeja on Tuesday struck out the defamation suit filed against controversial blogger Martins Otse, popularly known as Verydarkblackman (VDM).

The suit was instituted by renowned human rights lawyer and Senior Advocate of Nigeria, Femi Falana, and his son, rapper and activist Folarin Falana, widely known as Falz.

The case stemmed from comments and a video published by VDM on 24 September 2024 via his various social media platforms.

In separate suits, the Falanas sought N500 million each in damages, accusing the blogger of defaming them by alleging in the video that they had received N10 million from social media personality Idris Okuneye, a.k.a. Bobrisky, to pervert the course of justice.

The claimants contended that the defendant knowingly published unverified and false information with the intention of tarnishing their reputation. They further argued that the defamatory content remained accessible online, thereby causing continuous reputational damage.

During Tuesday’s proceedings, neither the claimants nor the defendant was present in court.

Counsel representing the defendant, Niyi Alagbe, standing in for Marvin Omorogbe, informed the court that an application for a stay of proceedings had earlier been filed before Justice Fimisola Azeez.

Responding, the Falanas’ counsel, Omotayo Olatunbosun, confirmed receipt of the said application around 4:15 p.m. on Monday, but urged the court to hear the preliminary objection, which he noted was already ripe for hearing. He argued that the new application was merely a ploy to delay the proceedings.

Justice Matthias Dawodu, in his ruling, stated that the application was not part of the case file before him and questioned why he was being asked to continue hearing the matter when the substantive suit was before another judge.

He concluded that proceeding with the current suit would amount to an academic exercise, and accordingly, struck it out.

“Consequently, this suit is hereby struck out,” the judge ruled.

 

 

 

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