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Appeal Court Overrules Judgement Against Zenith Bank, Fines Real Integrated

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After several months of legal tussle between Zenith Bank Plc v Real Integrated & Hospitality Limited and State Universal Basic Education Board (SUBEB) Gombe State, a three-man panel in the Court of Appeal sitting in Lagos led by Justice Muhammed Sirajo in Appeal No:CA/LAG/CV/262/2022 – have unanimously upturned the Lagos State High Court judgment of Justice O. O. Abike-Fadipe over claims that; on March 8, 2022, there was a breach of contract because on October 7, 2011, Zenith Bank refused Real Integrated to withdraw from its Account No. 1012465427. In her judgment, she directed Zenith bank to pay an interest of 15 per cent per annum on the N872,780,522.84 from May 17, 2011, when the advanced payment guarantees expired till judgment and thereafter at the rate of 10 per cent per annum until final liquidation

Through Zenith Bank’s team of counsel led by Prof. Fabian Ajogwu, SAN and Mr Sylva Ogwemoh, SAN, the bank challenged Justice O. O. Abike-Fadipe’s decision of awarding N2,500,000 as the cost of the action in favour of Real Integrated. The legal team via valid argument backed by proofs argued and sought an order setting aside the lower court decision on the ground that it acted in full compliance with its contractual obligations in line with the Advanced Payment Guarantee (APG) contract and that the trial court was wrong. The Court of Appeal, in a unanimous decision on November 23, agreed with the bank’s submission and resolved all the issues raised in its favour. It was gathered that; the 1st Respondent, through its Counsel, E.O Jakpa, argued that the bank breached the contract while SUBEB Gombe State did not contest the Appeal.

Apart from the appellate court setting aside the judgment of Justice Abike-Fadipe, the judge also awarded a cost of N200,000 against Real Integrated & Hospitality Limited and in favour of Zenith Bank. The appeal court further stated that the lower court judgment was upturned on the ground that the trial court was wrong to have presumed that the bank withheld the full account statement of Real Integrated in the light of Exhibit C6 (the comprehensive Statement of Account of Real Integrated), which was tendered by the bank for a limited purpose, adding that there was no need for the lower court to have invoked Section 167 (d) of the Evidence Act, 2011 against the bank.

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Ban on Sales, Consumption of Sachet Alcoholic Drinks Still in Force, Says NAFDAC

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Director General of the National Agency for Food and Drug Administration and Control (NAFDAC), Prof. Moji Adeyeye, has reaffirmed that the ban on the sale and consumption of sachet alcoholic beverages in the country is still in force.

Adeyeye announced this on Wednesday during a press briefing in Lagos.

She said: “The ban on sachet alcohol is a ministerial directive and the ban still remains until the ministers respond. The meeting last week Thursday is a continuation of the discussion.

“The outcome of the meeting is that the ministers should write a memo to the Speaker (of Reps) and the House (of Reps), and the Representative of the Speaker, Prof Jake Dan-Azumi then said we should continue the discussion after the recess of the House members in July. So, the discussion continues.”

The Deputy Spokesman for the House of Representatives, Philip Agbese, disclosed last Friday that the House and NAFDAC resolved to lift the ban on the sale and consumption of sachet alcoholic beverages.

Agbese said the resolution to temporarily lift the ban was reached after a meeting between the House Committee and NAFDAC officials.

He said the lifting of the ban would end when the economy fully recovers from its current strain.

On February 1, 2024, NAFDAC commenced the enforcement of the ban on the importation, manufacture, distribution, sale and use of alcoholic beverages in sachets, PET, and glass bottles of 200ml and below.

The NAFDAC DG said the decision was based on the recommendation of a high-powered committee of the Federal Ministry of Health, NAFDAC, Federal Competition and Consumer Protection Commission, and the industry represented by the Association of Food, Beverages and Tobacco Employers, Distillers and Blenders Association of Nigeria, in December 2018.

However, the move to enforce the ban has generated repeated protests by distillers and labour unions, who said the ban would cost 500,000 workers their jobs, and ruin N800bn investments.

Meanwhile, medical experts warned that lifting the ban on alcoholic beverages will lead to acute health complications, increased road traffic accidents, increased risk of abuse of alcohol, liver problems, heart-related problems, and cancers, among others.

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Court Denies Suspended DCP Abba Kyari Bail

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Justice Emeka Nwite of the Abuja Federal High Court has denied suspended Deputy Commissioner of Police, Abba Kyari, bail.

In his ruling, the judge held that Kyari’s bail is at the discretion of the court in line with section 161 (2) of the Administration of Criminal Justice Act.

The judge ruled that Kyari had not shown any evidence to warrant the court granting him bail.

On May 22, the judge had granted the former boss of the Intelligence Response Team, IRT, temporary two-week bail to bury his mother.

However, the two weeks were extended by a week upon an application filed by Mr. Kyari for an extension of the bail.

On June 1, Kyari perfected the bail conditions and was released the same day.

At today’s proceedings, Justice Emeka Nwite refused to extend his earlier order but granted accelerated hearing in the case.

Kyari was detained following his arrest on February 14, 2022, by the National Drug Law Enforcement Agency for alleged involvement with an international drug cartel.

He, along with four members of the Police Intelligence Response Team—Sunday Ubia, Bawa James, Simon Agirigba, and John Nuhu—was arraigned on March 7, 2022.

Two suspected drug traffickers, Chibunna Umeibe and Emeka Ezenwanne, who were arrested at Akanu Ibiam International Airport in Enugu, were also charged.

While Kyari and the IRT members pleaded not guilty, Umeibe and Ezenwanne pleaded guilty and were convicted.

DailyPost

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Fubara Nominates, Swears-in 23 Caretaker Committee Chairmen

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Rivers State Governor, Siminalayi Fubara, is swearing in new caretaker chairmen for the 23 local government areas of the state.

The swearing-in took place at the Government House in Port Harcourt, amid tight security.

The first batch of 11 CTC chairmen took their oath of office first.

It comes a day after he forwarded the list to the state House of Assembly led by factional Speaker, Victor Jumbo.

Channels Television reported that the lawmakers had invited the nominees for screening as early as 8 am on Wednesday.

See the names of the caretaker chairmen nominated by Fubara below:

Abua/Odua LGA – Madigai Dickson

Ahoada East LGA – Happy Benneth

Ahoada West LGA – Mr. Daddy John Green

Akuku Toru LGa – Otonye Briggs

Andoni LGA – Reginald Ekaan

Asari Toru LGA – Orolosoma Amachree

Bonny LGA – Alabota Anengi Barasua

Degema LGA – Anthony Soberekon

Eleme LGA – Brain Gokpa

Emouha LGA – David Omereji

Etche LGA – John Otamiri

Gokana LGA – Kenneth Kpeden

Ikwerre LGA – Darlington Orji

Khana LGA – Marvin Yobana

Obia/Akpor LGA – Chijioke Ihunwo

Ogu/Bolo LGA – Evans Bipi

Okrika LGA – Princess Ogan

Omuma LGA – Promise Reginald

Opobo/Nkoro LGA – Enyiada Cookey-Gam

Oyigbo LGA – – Gogo Philip

Port Harcourt LGA – Ichemati Ezebunwo

Tai LGA – Matthew Dike

Channels Television

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