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UK apex court rules on Nigerian couple’s bitter divorce case

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The Supreme Court in the United Kingdom will on 12 June, give its verdict on a high profile divorce case involving a Nigerian-British couple, Michael and Yasmin Prest.

To be decided upon is whether Yasmin is entitled to take over 14 properties owned by Michael Prest’s oil company, Petrodel Resources and two other companies in the UK, as part of the settlement for the 17.5 million pounds settlement awarded Yasmin by a lower family court five years ago.

The Independent newspaper says the case, with potential to resolve some legal problems in UK divorce law has pitched the family and the commercial divisions of the High Court against each other.

Michael  Prest: bitter divorce case

Michael Prest: bitter divorce case

Yasmin Prest

Yasmin Prest

“Wednesday’s hotly anticipated Supreme Court judgment is likely to have seismic repercussions, experts warn, with calls for Parliament to change the law,” the paper reported Sunday.

Michael Prest, 51, an oil business tycoon and his ex-wife, Yasmin met 20 years ago in London, and both enjoyed the fruits of the fortune he amassed, sending their son and three daughters to public school, and alternating their time between a multimillion-pound house in London and homes in the Caribbean and Nigeria. Michael was born in Nigeria to an Itsekiri chief before moving to the UK as a child.

The Independent further reports:

“In 2008, they separated, leading to a protracted legal row that has shaken the foundations of matrimonial law, putting it in direct conflict with commercial interests.

“Central to the case is the fact that Mr Prest, who lives in Monaco, has refused to pay a £17.5m settlement to his 50-year-old ex-wife – a British-born IT consultant who, like her former husband, has dual Nigerian nationality – and that the High Court ordered the transfer of assets from his companies as part-payment.

Family lawyers insist that to find in his favour would be to create a “cheat’s charter” whereby the wealthy can simply place assets in companies, thus putting them outside what is classed as personal wealth. Commercial experts, however, claim that “piercing the corporate veil” would create an impossible situation in which spouses were allowed to tread where other creditors are not.

“The dilemma stems from a High Court judgment in 2011. Describing Mr Prest as a manipulative and “wholly unreliable witness”, who had treated legal proceedings “as a game”, Mr Justice Moylan rejected his assertion that he was heavily in debt and “conservatively” estimated his wealth at $ 60m or more.

“Awarding Mrs Prest just under half of the fortune, the judge said that part of this payment should be made by the transfer of 14 properties in London and Nevis, owned by Mr Prest’s Isle of Man-registered Petrodel group of companies.

“Petrodel Resources and two other companies, which the High Court assessed were both wholly controlled by Mr Prest, took the case to the Court of Appeal and won. While the judges did not reverse the £17.5m award, they said that Mrs Prest could not claim the properties.

“Lord Justice Rimer and Lord Justice Patten, judges with a Chancery Division background, said that company assets could not be seized as they were separate legal entities and the court could not simply disregard the law. Dissenting, however, Lord Justice Thorpe, a judge with a background in the Family Division, said the companies had been milked to feed the family’s extravagant lifestyle, but: “Once the marriage broke down, the husband resorted to an array of strategies, of varying degrees of ingenuity and dishonesty, in order to deprive his wife of her accustomed affluence.”

“Reflecting the case’s magnitude, the Supreme Court appointed seven justices to hear the appeal in March; their judgment is due on Wednesday. Jeremy Posnansky QC, whose company Farrer & Co is acting for Mrs Prest, said that family courts did not have the power to enforce orders and if his client won it would make it easier to compel co-operation.

“But, if she lost, he added: “It will mean there is a divergence between fairness of the court award and the inability to enforce that award. It will mean people are done out of what they are entitled to and dishonest people will be able to stick two fingers up at the court. It will be anarchy.”

“But Sarah Ingram, solicitor for the Petrodel companies, said the alternative would require a change of law: “If a special exception needs to be made for spouses, then it is a matter for Parliament and not the courts to decide. Otherwise, the courts would effectively be sanctioning spouses on divorce to asset-strip companies, potentially resulting in insolvency and giving them priority over third-party creditors of companies.”

“Zoë Bloom, a family expert at Keystone Law, agreed: “If it goes against her, the only option is to change the statute, to change the Matrimonial Causes Act. We can’t possibly exist with a law that is a cheat’s charter.”

.Reported by the Independent online

http://www.independent.co.uk/news/uk/home-news/a-fair-split-or-a-charter-for-cheats-supreme-court-to-rule-in-landmark-divorce-case-8650772.html?origin=internalSearch

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Posted in Nigeria News. A DisNaija.Com network.

Source: PM News

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Nigeria News

Kano Transfers Over 1,000 Almajiris To Different States Amidst COVID-19 Pandemic

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The Kano State Government on Saturday said it has transferred 1,098 ‘almajiris’ to different states of the country.

The commissioner for local government, Murtala Garo, disclosed this while presenting a report before the state’s task force on COVID-19 at the government house, Kano.

Almajiris are children who are supposed to be learning Islamic studies while living with their Islamic teachers. Majority of them, however, end up begging on the streets of Northern Nigeria. They constitute a large number of Nigeria’s over 10 million out-of-school children.

Mr Garo said the Kano government transported 419 almajiris to Katsina, 524 to Jigawa and 155 to Kaduna. He said all of them tested negative for coronavirus before leaving the Kano State.

Despite the coronavirus test done in Kano for the almajiris, the Jigawa government earlier said it would quarantine for two weeks all the almajiris that recently arrived from Kano.

Mr Garo said another 100 almajiris scheduled to be taken to Bauchi State also tested negative to COVID-19.

In a remark, Governor Abdullahi Ganduje said the COVID-19 situation in Kano was getting worse. He appealed for a collaborative effort to curtail the spread of the virus in the state.

Mr Ganduje, who commended residents for complying with the lockdown imposed in the state, said the decision was taken to halt the spread of the virus.

Kano State, as of Saturday night, has 77 coronavirus cases, according to the Nigeria Centre for Disease Control.

The decision to transfer the Kano almajiris is part of the agreement reached between Northern governors that almajiris in each state be transferred to their states of origin.

However, even before the latest agreement by the governors, the Kano government had been transferring almajiris to other states and neighbouring countries after it banned street begging in the state, most populous in Northern Nigeria.

Despite the transfers, however, no concrete step has been taken to ensure such children do not return to Kano streets as there is freedom of movement across Nigeria although interstate travel was recently banned to check the spread of the coronavirus.

 

Sourced From: Premium Times Nigeria

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COVID-19: ‘Bakassi Boys’ Foil Attempt To Smuggle 24 Women Into Abia In Container

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By Ugochukwu Alaribe

Operatives of the Abia State Vigilante Service, AVS, popularly known as ‘Bakassi Boys’ have arrested 24 market women hidden in a container truck, at Ekwereazu Ngwa, the boundary community between Abia and Akwa Ibom states.

The market women, said to be  from Akwa Ibom State, were on their way to Aba, when they were arrested with the truck driver and two of his conductors for violating the lockdown order by the state government.

Driver of the truck, Moses Asuquo, claimed he was going to Aba to purchase stock fish, but decided to assist the market women, because they were stranded.

A vigilante source told Sunday Vanguard that the vehicle was impounded while the market women were sent back to Akwa Ibom State.

Commissioner for Home Land Security, Prince Dan Okoli, who confirmed the incident, said that  smuggling of people into the state poses great threat to the state government’s efforts to contain the spread of COVID- 19.

 

Sourced From: Vanguard News

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Woman Kills Her Maid Over Salary Request

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Operatives of the State Criminal Investigation and Intelligence Department (SCIID), Yaba of the Lagos State police command have arrested one Mrs Nene Steve for allegedly killing her maid, Joy Adole

The maid was allegedly beaten to death by Nene for requesting for her salary at their residence located at 18, Ogundola Street, Bariga area in Lagos.

Narrating the incident, Philips Ejeh, an elder brother to the deceased said that he was sad when they informed him that his sister was beaten to death.

He explained that the deceased was an indigene of Benue State brought to Lagos through an agent and started working with her as a maid  in January 2020.

‘’She reported that her boss refused to pay her and anytime she asked for her salary she will start beating her.

She was making an attempt to leave the place but due to the total lockdown she remained there until Sunday when her boss said she caught her stealing noodles and this led to her serious beating and death,’’ Ejeh said.

He called on Lagos State Government and well- meaning people in the country to help them in getting justice for the victim.

The police spokesman, Bala Elkana, stated that the woman and her husband came to Bariga Police  Station to a report that their house girl had committed suicide.

Detectives were said to have visited the house and suspected foul play with the position of the rope and bruises all over the body which confirmed that the girl had been tortured to death and the boss decided to hang up the girl to make it look like suicide.

He said: “The police moved on with their investigation and found a lot of sign of violence on her body that she has been tortured before a rope was put on her neck.’’

He added that the police removed the corpse and deposited it in the mortuary for autopsy to further ascertain the cause of the death.

Elkana said the matter has been transferred from Bariga police station to Panti for further investigation while the couple have been arrested and will be charged to court.

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Boko Haram Attacks: Buhari Summons Urgent Meeting Of Service Chiefs

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President Buhari and the Service Chiefs in a meeting. (File photo)

Ostensibly alarmed by the latest killings of dozens of soldiers by Boko Haram insurgents, President Muhammadu Buhari has summoned an urgent meeting of Service Chiefs to find ways to stop the trend. 

He has also dispatched the Minister of Defence, Mansur Dan Ali, to the neighbouring Republic of Chad for an urgent meeting with President Idris Deby and his defence counterpart. 

Knowledgeable sources said in Abuja on Friday that the president is worried by on the deterioration of security situation on the Nigeria – Chad Border that has led to the recently increased Boko Haram terrorism in the area.

The sources which did not want to be named in Abuja said: “Nigeria has a Chad  problem in the Multi-National Joint Task Force (MNJTF) put together to secure the Lake Chad basin areas and repeal the Boko Haram terrorist attacks against all the countries neighbouring the Lake.”

The sources noted that Chad is believed to be having their own internal security challenges and this has reportedly led to their pulling away their own troops manning their own border around Lake Chad,  saying: “That lacuna is being exploited by the Boko Haram terrorists, who go in and out of Nigeria, Niger and Cameroon to launch terrorist acts.  This is a clear illustration of the fact that terrorism is beyond national borders.”

When contacted, the Senior Special Assistant to the President on Media and Publicity, Garba Shehu, confirmed that the Defence Minister is going to Chad but said he is unaware of the purpose. 

Meanwhile, the military authorities are said to be in the process of identifying the families of the latest victims with a view to making contact with them. 

Credible sources revealed that it is the reason the president is yet to make any pronouncement on the matter. 

“The President has called an urgent meeting with the Service Chiefs, as well as the fact that families of the latest victims of the Boko Haram are being identified and contacts made before a government pronouncement on the tragic attacks. This, it is understood, is the reason for the silence of the government over the incident,” the source said. 

 

Sourced From: Tribune

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