Court orders 13 Unilag students’ incarceration in Kirikiri over riot

Posted on April 1, 2017 by Staff Reporter

The police on Saturday charged 13 students of the University of Lagos before a Special Offences Mobile Court in Oshodi, Lagos, for “unlawful invasion” of TVC television.

The accused are: Femi Adeyeye, Toni Aina, Kodri Yaya, Asimi Oladime, Ismahim Olalekan, Segun Okesola, Abdulazeez Soneye, Idris Abogunloko, and Muyiwa Olaniyi.

Others are; Toheed Oladimeji, Joseph Akanni, Lukumon Olusegun, and Abiodun Agbeniyi.

They are standing trial before Chief Magistrate P.E Nwaka, on two counts of unlawful invasion and disruption of activities.

They were arraigned at about 10.20 a.m. on Saturday.

The students pleaded not guilty to the charges.

Mr. Adeyeye is currently serving a four-semester rustication, handed down by the university last year, over a Facebook post criticising the school’s management.

PREMIUM TIMES learnt the students were protesting the rustication for two semesters of a visually-impaired student, Lawrence Success, for criticising the institution’s management.

They were arrested on Friday and charged to a mobile court on Saturday.

The magistrate ordered their remand at Kirikiri Prison pending their bail application and adjourned the case to April 6, for determination of their bail.

The police prosecuting counsel, Effiong Asuquo, the Officer in Charge, Legal, of the State Criminal Investigation and Intelligence Department, Panti, had told the court that the accused committed the offence on March 31.

He said the accused had engaged in a “riotous invasion” of TVC television station in Lagos, protesting the alleged rustication of one of their students.

According to him, the students also invaded the main campus of the University of Lagos, Akoka, and had disrupted normal activities in the institution.

The prosecutor said the institution’s semester examination is scheduled to begin on April 3 (Monday) adding that the invasion by the students, was simply a ploy to stall the commencement of exams.

He said that the offence contravened the provisions of section 168 (1) (d), and section 2 of the Criminal Law, Laws of Lagos State, 2015?.

Source: Premium Times

CNN Poll Reveals Nigerians Still Drinking Fanta, Sprite Despite Court Ruling.

Posted on March 31, 2017 by Staff Reporter

1,273

Despite being in the eye of the storm lately over the controversy surrounding benzoate preservatives, favourite beverage brands, Fanta and Sprite, appear to still enjoy the confidence and trust of Nigerian consumers, according to a CNN Poll.

Conducted by CNNAfrica via its twitter handle @CNNAfrica, the poll had 61% of Nigerians saying they weren’t bothered by the court ruling and are still drinking Fanta and Sprite compared to 39% who would rather not for now. The poll which was open for a limit period had 1,108 respondents, 170 retweets, 36 likes and 42 replies.

Interestingly, the numbers are a sharp contrast to what critics and some media headlines are reporting, speculating that consumers are boycotting both drinks. The CNN News sites even had a report too suggesting this, shortly before the poll was conducted. Talk about the power of brands…!

Here are some of the comments from the voters. I promise they will leave you in stitches. (LoL)

Court Convicts Man For Three Years Over Theft

Posted on March 31, 2017 by Staff Reporter

A Magistrate Court in Osogbo, Osun state, has sentenced a 60-year old man, Kazeem Adekitan, to three years imprisonment for stealing one Honda Accord car.

Adekitan was once arraigned by the Osun State Police Command before the court on December 1, 2016 for allegedly stealing a car.

The Police prosecutor, Mereti Wilson, briefed the court that the accused, on October 3, stole the car belonging to one Adigun Lukman around Ayetoro Osogbo.

He said that the offence is contrary to Section 383(1) and punishable under section 390(9)(10A) of Criminal Code Cap 34, Volume II, Laws of Osun State of Nigeria, 2002.

As at then, the accused person pleaded not guilty and was granted bail of 200,000 Naira with one surety in like sum.

He was however unable to perfect his bail and has been in prison custody since then.

Contrary to his earlier statement, the accused on Friday, pleaded guilty to the offence.

“My wife and child died in a road accident while coming to the court to perfect my bail and I have no other family except them. Please have mercy on me. I have been in prison all this while since there is nobody to perfect my bail”.

Subsequently, Magistrate Falilat Sodamade, in her judgment, sentenced him to three years imprisonment.

Source: Channels TV

EFCC drags PDP lawmaker Nse Bassey Ekpenyong to court over certificate forgery

Posted on March 31, 2017 by Staff Reporter

The Economic and Financial Crimes Commission (EFCC) yesterday arraigned a member of the House of Representatives, Nse Bassey Ekpenyong for alleged certificate forgery and alteration of his West African School Certificate Examination (WASSCE) result.

His arraignment came a few days after the authorities of the Ahmadu Bello University (ABU) Zaria cleared Senator Dino Melaye of a similar allegation.The EFCC spokesperson, Wilson Uwujaren said in a statement yesterday that Ekpenyong was arraigned before Justice Ijeoma Ojukwu of the Federal High Court sitting in Uyo, Akwa-Ibom State on a nine-count charge of forgery and altering of certificate.

Ekpenyong, who represents Oron Federal Constituency of Akwa-Ibom State was alleged to have forged an Abia State Polytechnic Ordinary National Diploma (OND) certificate and uttered a December 1999 WASSCE certificate and thereby committed perjury before an electoral tribunal where he claimed that the certificates were genuine,” the statement said.

The defendant pleaded not guilty to the charges when they were read to him.He was then granted bail in the sum of N10 million with one surety in like sum. The surety must depose to an affidavit of means, provide two recent passport photographs and three years tax clearance certificate.

The surety is expected to write an undertaking to produce the defendant throughout the trial and all the documents of the surety must be verified by the Registrar.Meanwhile, Ekpeyong would be remanded in prison custody pending the perfection of his bail. The case was adjourned till April 12 and 26 and May 3 and 4, 2017 for trial.

Court stops launch of Nollywood movie “Okafor’s Law”, orders seizure of copies.

Posted on March 28, 2017 by Staff Reporter

Justice Ibrahim Buba of a Federal High Court in Lagos has issued an Anton Piller order, directing the seizure of a film titled “Okafor’s Law” directed by Nollywood Producer, Omoni Oboli.

The court also issued an interim order, suspending the release and launch of the film, in any movie theatre or cinema house onMarch 31, pending the determination of a motion on notice before the court.

The judge ordered the seizure of all copies, materials, projections or infringing materials, relating to the subject matter.

The News Agency of Nigeria reports that the orders followed an ex parte application filed by a company, Rancoteur Productions Ltd, on behalf of a Canada based script writer, Jude Idada.

Idada lays claim to the film “Okafor’s Law” as his intellectual property.

The plaintiff had filed the suit through Anthony Idigbe, seeking an order, halting the premiere and release of the said “Okafor’s Law”, pending the determination of a copyright infringement suit filed against Oboli.

Joined as first to third defendants in the suit are: Dioni Visions Entertainment, Omoni Oboli, and The Filmore Ltd.

The plaintiff, in its exparte application, had sought an order, restraining the premiere or release of the said film, as well as an anton piller order, seizing all copies of the infringing material.

The exparte application was moved in terms by counsel from the law firm of Idigbe, O. Otudor, who urged the court to grant the orders as prayed.

Delivering his ruling on the exparte motion, Justice Buba granted the orders as prayed.

The court made the following orders:

“An order of interim injunction, restraining the first to third defendants, whether by themselves or their privies, from premiering the feature film “Okafor’s Law”, in Lagos or any part of Nigeria, pending the hearing of the motion on notice.

“An order of interim injunction, restraining the defendant from releasing the featured film in any movie theatre or Cinema house on March 31, pending the hearing of the motion on notice.

“An order of interim injunction, restraining the defendants from distributing the featured film, pending the determination of the motion on notice.

“An Anton piller order is granted to the plaintiff, to enter into the defendant’s premises, Cinema, Studio and other places of dissemination, to seize all copies of infringing materials relating to subject matter.

“An order, directing the defendants to deliver and surrender to the plaintiff’s solicitors, all products and packages with the inscription, “Okafor’s Law” and volume of transaction or trade which have been done by defendants.

“An order directing the defendants to permit the court’s bailiff, and such other persons not exceeding four (4), to enter the premises on any working day of Monday to Saturday at 8am to 8pm, to remove all products or packages with the name “Okafor’s Law”

“An order for a search to be conducted at Viva Heights Odudu Eleyiwo St, Block 15, plot 17 Oniru Victoria Island, and Plot 1378D Joseph Namah close, off Karimu Kotun St, Victoria Island and all other places where Okafor’s Law is stored and sold

“An order declaring that a failure of defendants to comply with the court’s order, will put the plaintiff at liberty to apply for committal to prison of such person,”

The court thereafter, fixed March 29 for hearing of the motion on notice.

NAN reports that the movie “Okafor’s Law” is billed for release on March 31,

The court’s order was, however, served on the defendants on the evening of March 24 shortly before the movie’s premiere.atthe IMAX Cinema in Lagos.

The order consequently, clogged the premiering of the debut movie.

Jude Idada had accused Oboli of copyright infringement on the “Okafor’s Law” movie, adding that she had stolen his story idea for the movie in September 2016.

He alleged that Oboli took the work he had done regarding “Okafor’s Law”, and developed it without giving him due credit.

He avers that the producer, however, went ahead to set March 31, as a release date for the movie, in spite of a demand letter sent to her, as well as a copyright infringement suit instituted.

NAN reports that “Okafor’s Law” stars: Richard Mofe Damijo, Toyin Aimakhu, Blossom Chukwujekwu, Ken Erics, Yvonne Jegede, Halima Abubakar, Gabriel Afolayan, Funke Bucknor among other Nollywood actors and actresses.

Oboli is a popular Nollywood Producer, actress, Director and script writer.

Source: NAN

BREAKING: Cynthia Osokogu’s killers to die by hanging

Posted on March 23, 2017 by Staff Reporter

An Igbosere high court in Lagos has sentenced Okwumo Nwabufo and Olisaeloka Ezike to die by hanging for killing Cynthia Osokogu, then a postgraduate student of Nasarawa State University.

Osokogu was killed in 2012 after being lured to Cosmilla Hotel in Lakeview estate in FESTAC town, Lagos.

In a judgment on Thursday, Olabisi Akinlade, a justice, held that evidence presented before the court, testimonies of prosecution witnesses, and confessional statements Osokogu made to the police, left no doubt that Nwabufo and Ezike killed Osokogu.

The accused were arraigned on a six-count charge of conspiracy, murder, stealing, recklessness, negligence and possession of stolen goods, alongside Orji Osita and Ezike Nonso.

During the proceedings, 10 witnesses gave evidence.The court initially foreclosed the right of the second accused, Ezike, to file his address.

The judge made the order due to the delay by his counsel to file his final written address.

According to the judge, there were several adjournments by the court to enable the second accused file his address but the counsel chose to sleep on the right of his client.

However, after the excuse of ill-health and change of counsel were given as reasons for the delay, the judge allowed the address to be regularised.

The murder trial began on February 8, 2013, with the state calling the hotel’s receptionist as its first witness.

The body of late Cynthia, 24, the only daughter of a retired brigadier general, Frank Osokogu, was discovered in a Lagos morgue a month after she was declared missing by her family.

Court strikes out rape case for lack of diligent prosecution

Posted on March 23, 2017 by Staff Reporter

A Gudu Upper Area Court, Abuja, on Thursday struck out a rape case preferred against one Charles Adam, 30, for lack of diligent prosecution.

The judge, Umar Kagarko, struck out the case and discharged the defendant, after listening to the submission of the defence counsel, Gilbert Okoh.

Mr. Okoh had earlier prayed the court to strike out the case, as the prosecution had shown enough sign of lack of interest in it.

Citing relevant sections of the Administration of Criminal Justice Act, ACJA, 2015, Mr. Okoh said the case had suffered many adjournments at the instance of the prosecution.

He said that while both the complainant and the prosecution were aware of the adjourned date for hearing, the prosecution and his witnesses were absent without any reason.

“There is no information or letter explaining their absence.

“It is against public policy to hang an accusation on the neck of a citizen and keep him perpetually bound in court.

“Besides, the court is not a dumping ground of cases,” Mr. Okoh said.

He urged the judge to strike out the case and discharge his client, who, he said, had been appearing voluntarily in court.

“In considering the number of adjournments this case has suffered, it can be seen that the non-appearance of prosecution has offended sections of the constitution,” he said.

Mr. Adam, of Adamawa Street, Chika, Airport Road, was first arraigned on July 18, 2016, on a one-count charge of rape.

He had pleaded not guilty.

Source: NAN

Court remands 3 farmers in prison over death of Fulani herdsman in Benue

Posted on March 22, 2017 by Staff Reporter

A Makurdi Magistrates’ Court on Wednesday remanded three farmers in prison custody over the alleged death of a Fulani herdsman.

The News Agency of Nigeria (NAN) reports that the farmers were arraigned in court for criminal conspiracy and culpable homicide.

When the case came up for a mention, the pleas of the farmers were not taken. The accused persons are Eric Tsambe, Agover Ioreren and Adua Terhile, all from Mbahimin Gwer East Local Government Area of Benue.

The Police Prosecutor, Insp. Abraham Akule, told the court that the case was reported at the Aliade Divisional Police Headquarters by one Oralu Saawuan of LGEA Primary School Mbahimin on Feb. 28, 2017.The complainant stated that he came back from the Airport Market in Makurdi and saw some cattle wandering around the bush behind his compound.

He said that when he made inquiries, he was informed that some youths had a problem with herdsmen for allowing their cattle to eat up some crops.

He stated further that the chairman of the vigilance group in the area later informed him that there was a case of a missing Fulani man for which a search was conducted and a corpse was found in the bush.

It was later discovered that the corpse was one 35-year-old Mohammed Adamu, a Fulani herdsman. During a police investigation, the accused farmers were arrested for committing the crime.

The prosecutor said that investigation into the matter was in progress. He said that the offence contravened Sections 97 and 222 of the Penal Code Laws of Benue State, 2004.

The Magistrate, Mrs Franca Yuwa , adjourned the case to till May 9 for a mention.

Source: The Guardian

Nigerian Senate dragged to court over Hameed Ali uniform controversy

Posted on March 22, 2017 by Staff Reporter

An Abuja-based lawyer has approached a federal high court in Abuja, seeking an order to restrain the national assembly from compelling Hameed Ali, comptroller-general of Nigeria Customs Service (NCS) from wearing uniform.

According to the News Agency of Nigeria (NAN), Mohammed Ibrahim, the plaintiff in the suit, made copies of the process available on Tuesday.

The suit listed other defendants to include the Comptroller-General of NCS, the NCS, the Senate and the attorney-general of the federation (AGF).

The plaintiff is seeking a declaration of the court that the oversight functions of the national assembly did not extend to compelling, mandating and enforcing the first defendant to wear uniform before performing his duties.

He is also seeking the court to declare that the first defendant, who is not a commissioned officer of the NCS, is not mandated by law to wear the service’s uniform.

Ibrahim further asked the court to declare if Ali’s appointment made pursuant to sections 5 and 171 of the constitution could be subjected to the provision of customs and excise management act or any other law.

The plaintiff, therefore, urged the court to decide whether the first defendant’s appointment, having been made pursuant to the provisions of the constitution, could be subjected to the provisions of other laws.

He also asked the court to explain whether there was any legal provision that prescribed the wearing of uniform as a condition precedent by the first defendant in view of his appointment under section 171 of the constitution.

He asked the court to decide whether the first defendant, not being commissioned custom officer, could be mandated to wear the service’s uniform for the performance of the duties of comptroller-general.

The plaintiff further urged the court to decide whether every directive or power hitherto exercised by the first defendant while not in uniform was null and void.

Ibrahim had also asked the court to decide whether, in view of section 88 (1) of the constitution, the senate could summon the first defendant having not published a resolution to that effect.

NAN reports that the defendants are mandated to, within 30 days after service of the originating summons on them appear in court.

Source: NAN

Court orders remand of 2 Chinese men charged with importation of fake tyres

Posted on March 20, 2017 by Staff Reporter

A Federal High Court in Lagos on Monday ordered the remand in prison of two Chinese, Tao Shen and Jing Yau, charged with importation of fake tyres.

Shen, 36, and Yau, 22, are charged alongside a Nigerian, Chinedu Madubuike, and two companies, Sino Nig. Import and Export Ltd, and Nedeca International Ltd for importing fake tyres into the country.

The accused are standing trial on four counts bordering on importation of substandard products.

When the charges were read to the accused, and translated into Chinese language by an interpreter, they pleaded not guilty.

The trial judge, Mojisola Olatoregun, consequently, fixed March 21 to determine the bail application for the accused.

In the charges, the accused were said to have committed the offence in February (this year) by conspiring to import tyres which did not meet the relevant Nigeria industrial standard.

They were alleged to have stuffed various sizes of tyres into one, knowing same to be in a dangerous state, or being injurious to human lives.

The accused were said to have imported the tyres which did not comply with the mandatory Nigeria standard by stuffing different sizes into one, thereby, making the tyres to be unfit for its purpose.

The tyres were said to have failed to meet the relevant Nigerian industrial standard and likely to endanger human lives.

Again, the accused were alleged to have failed to furnish returns on the conditions of the imported tyres as required by law.

The offences are said to have contravened the provisions of Sections 320 and 510 of the Criminal Code Act, Cap C38, Laws of the Federation, 2004.

They are also said to have contravened the provisions of Sections 26 and 32 of the Standards Organisation of Nigeria (SON) Act, No 14, Laws of the Federation, 2004.

The News Agency of Nigeria reports that SON arrested the two Chinese nationals, Taolung Shen and Xu Jing Yau, for importing substandard tyres worth over N5 billion in a statement it issued late February.

The suspects, according to the statement, were paraded after their arrest, and the warehouse where they had been cloning different sizes of tyres under different brand names was sealed.

They were first arraigned in a Federal High Court sitting in Lagos on March 8, 2017.

Source: NAN

Two accused for chopping off woman’s ear over N30 `pure’ water

Posted on March 20, 2017 by Staff Reporter

A businessman, Friday Aigbogun and his lover, Olamide Fashanu, charged with biting off a woman’s ear appeared at an Ikeja Magistrates’ Court in Lagos on Monday.

The accused: Aigbogun, 40, and Fashanu, 26, residents of Adegbule Street, Mushin, Lagos State are facing four counts of a breach of the peace, conspiracy, assault and grievous harm.

According to the prosecutor, Insp. Rita Momoh, the accused committed the offences on March 14 at No. 43, Ayantuga St., Mushin.

She said that the accused conspired to unlawfully assault Mrs Ajoke Wasiu by biting off her right ear completely.

“The accused beat and inflicted wounds on the complainant’s right ear, “she said.

Momoh said that the accused went to buy N30 worth of sachet water popularly called `pure-water’ from the complainant.

“The accused gave the complainant N30 being the cost of three `pure water’, the complainant then gave them the water.

“But the accused insisted that the complainant must put them inside a nylon bag.

“The complainant told them that she did not have a nylon bag and they asked for a refund of their money, and she did.

“The accused started cursing and abusing the complainant calling her unprintable names.

“And when the complainant responded, the accused grabbed her and started beating her.

“In the process, the second accused, Fashanu, chopped off the right ear of the complainant with her teeth’’ the prosecutor said.

The prosecutor said that the part of the ear that was chopped-off was recovered at the scene of the incident.

She said the offences contravened Sections 166, 171, 243 and 409 of the Criminal Law of Lagos State, 2015.

The News Agency of Nigeria (NAN) reports that Section 243 prescribes seven years’ jail term for grievous harm.

The accused pleaded innocence to the counts and were granted bail in the sum of N50, 000 each with two sureties each in like sum.

The magistrate, Mr M.K.O. Fadeyi adjourned the case until April 10 for mention.

JUST IN: Court returns OPL 245 to Shell, ENI

Posted on March 17, 2017 by Staff Reporter

John Tsoho, justice of the federal high court, Abuja, has reversed his order revoking OPL 245, an oil block, from Shell Nigeria Limited and Eni.

Shell and Eni had filed an application seeking the vacation of the order of interim forfeiture of OPL 245, which is considered as Nigeria’s largest oil block.

On Monday, the judge had adjourned the case to Friday after Malabu Oil and Gas filed an application to join the matter.

The Economic and Financial Crimes Commission (EFCC) had ?got an order for the forfeiture of the oil block.

The agency had asked the court to temporarily return OPL 245 to the government while it continued its investigation? of alleged corruption in the sale of the block.

But on Friday, the court reversed the order, and it also refused the application of Malabu Oil and Gas to join the matter.

In 1998, Dan Etete, who was then the minister of petroleum, had awarded the lucrative licence to Malabu, where he had stakes.

The sale to Malabu was nullified by Obasanjo in 1999 and assigned to Shell — without a public bid.

Ownership was suspiciously reverted to Malabu thereafter, leading to legal action by Shell who later resorted to negotiating directly with Etete after President Goodluck Jonathan assumed office in 2010.

A year later, the $1.3 billion deal was struck, with Malabu getting $1.1 billion from Shell and Eni to its transfer ownership, while the signature bonus was paid to Nigeria.

In the deal finally consummated in 2011, only $210 million of the $1.3 billion paid by Shell and Eni for the block went into federal government coffers as “signature bonus”.

Source: The Cable

Andrew Yakubu Remanded At Kuje Prisons, Pleads Not Guilty To Six Count Charge.

Posted on March 16, 2017 by Staff Reporter

A former Group Managing Director of the Nigeria National Petroleum Corporation NNPC, Mr. Andrew Yakubu, was on Wednesday arraigned on a six count criminal charge, boarding on Money laundering and corruption.

Yakubu, who served as the NNPC Chief Executive in the last dispensation, was accused of money laundering, receiving money without going through a financial institution and declaring same.

He however, denied all the charges brought against him by the Federal Government.

Mr. Yakubu is accused of failure to declare 9.7million Dollars in his asset declaration form which he filed at the EFCC on August 18.

The EFCC also alleged that the defendants transported the foreign currencies to Kaduna state with the intent to avoid a lawful transaction.?

He is also accused of receiving payment of 74,000 Pounds without going through a financial institution as required by law during his tenure as GMD of NNPC

Shortly after, counsel to the defendant, Mr. Ahmed Raji applied to the court to grant his client bail on self recognizance or in the most liberal terms.?

He also asked the court to order that his client’s International Passport be released temporarily to enable him complete a three weeks medical trip abroad.

Mr. Raji informed the court that Mr. Yakubu was in the UK on medical trip which he suspended upon the invitation of the EFCC.

He further argued that the defendant has no criminal records and has been cooperating with the EFCC since the commencement of investigation and as such the claim by the prosecution that he would not be available.

Opposing the bail however, the prosecutor Mr. Ben Ikani, urged the court to either refuse bail or in the alternative, impose a stringent condition that would enable the defendant attend trial because the charge attracts imprisonment of 10 years or with fine.

Having listening to both parties, the trial judge, Justice Ahmed Mohammed ? adjourned to March 21, 2017 for ruling.

He also ordered that he be remanded in Kuje prison, pending the determination of the bail application.

Source: Channels TV

Court orders arrest of three Imo commissioners

Posted on March 14, 2017 by Staff Reporter

A federal high court sitting in Owerri, Imo state, has ordered the arrest of three commissioners in the state for contempt of court.

The affected officials are Josephine Udoji, commissioner for works and transport; Lawrence Eburuoh, commissioner for lands, survey, and urban planning; and Chibuzor Iwuagwu, permanent secretary, ministry of works.

Others are C. E. Egbuka, director of works, ministry of works; and Emeka Duru, director of works Imo state government house, Owerri.

Lewis Alagoa, presiding over the civil suit number FHC/OW/133/2016 filed by Emmanuel Iheanacho, a former interior minister, against Imo government, gave the order on Monday due to the absence of all the defendants in court.

Alagoa ordered the inspector-general of police and his officers to arrest the Imo officials wherever they are sighted across the country.

The court had during its sitting on November 14, 2016, summoned all the defendants to appear before it on December 8, 2016; but none of them showed up.

The counsel to the defendants, J. C. Ibe, told the court that the respondents had filed an appeal against the earlier order of the court.

Ibe said that notices of the appeal and stay of proceeding, notice of preliminary objection and affidavit contesting the contempt order against the respondents had been served on the claimant.

However, counsel to the plaintiff, Ken Njemanze, said that his client was not aware of any appeal by the respondents as claimed by their counsel.

Njemanze said they looked up to the court on the earlier order made against the respondents, adding that their attitude amounted to total disrespect of court.

“What is discouraging to us in this suit my lord, is the intentional act of frustrating progress in the suit by the defendants,” he said.

Alagoa, hearing the arguments of the counsel, made the subsequent order and fixed May 2 for continuation of the matter.

Iheanacho had gone to court over the demolition of part of his property on Orlu Road in Owerri Urban by construction workers engaged for road expansion by the state government.

EFCC witness can testify in Orji Kalu’s trial – Court

Posted on March 10, 2017 by Staff Reporter

A Federal High Court, Lagos, yesterday ruled that the United Bank for Africa (UBA) member of staff, who is a witness for the Economic and Financial Crimes Commission (EFCC), is competent to testify in the suit filed against the former governor of Abia State, Dr. Orji Uzor Kalu.

The ruling of the trial judge, Mohammed Idris, followed an objection raised by the defence team on the competence of a top UBA member of staff to give evidence in the trial as a witness.

The defence team, led by Mike Ozekhome (SAN), had argued that the witness was not listed as one of the witnesses by the EFCC.However, the court agreed that the witness was not listed and therefore ordered the EFCC to file an additional proof-of-evidence that will include the name of all witnesses and summary of their statements.

After the ruling, the prosecutor, Mr. Rotimi Jacobs (SAN), urged the court to allow him insert the name of the witness he intends to call in the matter on the ground that the witness came from Abia State, and that it may not be easy for him to bring her back to Lagos.

He said: “I appeal to the court and the counsel to allow me use my hand to insert the name of the witness in the additional proof-of-evidence. She came all the way from Abia State and some counsel came from Abuja too.”

But Ozekhome urged the court not to grant the prosecutor’s application, saying: “The prayer is aimed at upturning the ruling of the court.”Justice Idris, after listening to both parties, restated that Section 379 (1) (a) of ACJA is mandatory because it was introduced through legislation and is meant to protect the right of the litigant, the defendant and the public.He, thereafter, adjourned the matter to April 10, 11, 12 and 13, 2017 for continuation of trial.

Source: The Guardian

UPDATE: See photos of the officers sentenced to death over Apo Six killings

Posted on March 9, 2017 by Staff Reporter

An FCT High Court has convicted and sentenced two out of five policemen accused in the extrajudicial killings of six Apo traders in 2005 to death. The accused Ezekiel Acheneche and Emmanuel Baba were convicted of homicide punishable by death under section 22 1a of the penal code while others were absolved of wrongdoing and discharged.

Justice Ishaq Bello while delivering judgment on Thursday held that that the action of the convicted men was condemnable because there was no evidence that the traders did anything to constitute a threat to police at the time they were shot dead.

Omojuwa.Com published the story as it broke earlier today. However, we have been able to lay our hands on the pictures of the convicted policemen.

See photos below:

Court sentences 200 level university undergraduate to death by hanging

Posted on March 8, 2017 by Staff Reporter

A 200-level student of Lead City University, Ibadan, Moshood Owolabi, is to die by hanging for stabbing his fellow student to death.

Delivering judgment on Wednesday, Justice Adegboye Gbolagunte of an Ibadan High Court sentenced Mr. Owolabi to death by hanging for causing the death of one Seun Kolawole, two years ago.

The News Agency of Nigeria reports that Mr. Owolabi of the Physical and Health Education Department caused the death of Mr. Kolawole by stabbing him with a bottle.

Mr. Gbolagunte said the counsel prosecuting the case, A. Olawale, a Deputy Director in the Oyo State Ministry of Justice, had proved the case beyond reasonable doubt.

The judge said that the evidence before him showed that the accused committed the offence as charged.

He ruled that the accused be sentenced to death by hanging to serve as deterrent to others.

Mr. Gbolagunte advised parents to always monitor their children to prevent them from misbehaving.

Mr. Olawale had earlier told court that the convict stabbed his victim with a broken bottle in the neck, following a misunderstanding between him and the deceased.

He said that the injury sustained as a result of the stabbing resulted to the death of Mr. Kolawole.

Mr. Olawale said that the incident happened on January 12, 2014 at toll-gate area of Ibadan.

The offence is punishable under Section 319 of the Criminal Code Cap. 38 Vol. II Law of Oyo State 2000.

Source: NAN

BREAKING: Court rules against former Abia governor Orji Kalu again

Posted on March 8, 2017 by Staff Reporter

A federal court in Lagos has ruled that documents tendered by a prosecution witness in the trial of former Abia State governor, Orji Kalu, and others are admissible.

The defence lawyers had objected to the document, tendered by Onkvah Ovenevoh, a staff of Fidelity Bank Plc, on the grounds that it was stamped and signed by the Economic and Financial Crimes Commission and not the bank.

The defence had earlier objected to Mr. Ovenevoh giving evidence in the trial, but their objection was turned down by the judge on Tuesday.

“I agree that the written document by Fidelity Bank is an original document,” Mr. Idris said in his ruling on Wednesday morning.

“This document is admissible since it is an original document and needs no certification by the EFCC

“I hold that once the letter dated October 13th, 2006, has been validly accepted, the documents attacked goes with it. The letter of October 13th, 2006, and its attachment are hereby admitted as a whole in evidence and marked as exhibit A1.”

Source: Premium Times

Court adjourns Patience Jonathan’s suit against EFCC

Posted on March 6, 2017 by Staff Reporter

A federal court in Lagos has, again, adjourned the suit filed by former first lady, Patience Jonathan, seeking to unfreeze bank accounts she claims belong to her.

The judge adjourned proceedings to April 6 after counsels requested more time to study an affidavit filed by Mike Ozekhome, counsel to the fourth and fifth defendants.

Mrs. Jonathan had sued the Economic and Financial Crimes Commission after the agency froze the bank accounts containing a total of $15 million.

She is demanding $200 million as damages.

Details later.

Source: Premium Times

My wife slept with her ex-husband on our matrimonial bed, man tells court.

Posted on March 3, 2017 by Staff Reporter

A barber, Gbenga Akinade, on Friday at an Ibadan Grade C Customary Court, Agodi-Ibadan, secured the dissolution of his six-year-old marriage on grounds of infidelity.

Mr. Akinade told the court that his wife, Busayo, had sex with her former husband on his (Gbenga’s) matrimonial bed, adding that he could no longer tolerate her adulterous way.

He testified that he met the defendant when she was hawking herbal liquor (Agbo-jedi), and that both of them agreed to marry after few months of courtship.

“I did not know that she was a divorcee with two kids until she got pregnant for me. I began to suspect her adulterous ways after she gave birth to our second child.

“She used to go out for two or three days, leaving the children with neighbours,’’ he said.

“Her immoral affairs with her ex-husband came into open recently when I caught her having sex with the man on our matrimonial bed.

“I beat the hell out of her that day but allowed the man to go because unpleasant things might happen if I beat him.

“I decided for divorce in order to forget how I met her with her ex-husband on my bed,’’ he said.

The petitioner prayed the court to allow him to have the custody of his children.

“I promise to take good care of them,’’ he said.

The respondent, in her defence, said that her estranged husband was aware that she had two children before he met her.

She, however, was silent on the allegation that she had sex with her ex-husband on Mr. Akinade’s matrimonial bed.

Busayo added that Mr. Akinade regularly beat her.

She pleaded with the court to peacefully resolve the conflict.

“I am not ready to leave my matrimonial home and my children,’’ she said.

The president of the court, Mukaila Balogun, dissolved the marriage on the ground of lack of love.

“The opinion of the court is that there is no more love between the parties based on the testimonies of the couple,’’ he said.

Mr. Balogun ordered that two of the three children should be in the custody of their father while the last child should be with the mother.

The president of the court ordered the petitioner to be paying N4, 000 monthly to the respondent for the upkeep of the only child with her.

Source: NAN

Court sends Kano musician to prison over new song

Posted on March 1, 2017 by Staff Reporter

A court has remanded the embattled Kano singer, Sadiq Zazzabi, over his newly-released song.

The singer was arraigned before the censorship court in Kano for allegedly violating the state’s censorship board law which requires that a songs or movies should pass a censorship screening before it is released.

Sadiq released his song before the approval of the censorship board.

But the singer told PREMIUM TIMES he was being targeted because of his support for former Gov. Rabiu Kwankwaso. The government denies the allegation.

Mr. Kwankwaso and incumbent Governor Abdullahi Ganduje have been at odds with each other, and their supporters have often clashed.

A summons seen by PREMIUM TIMES, said Sadiq was to present himself at the court at 10 a.m. Wednesday to defend himself for launching a song that was before the censors’ board.

The chairman Kano state censors board, Ismaila Afakallahu, confirmed to PREMIUM TIMES that Sadiq will remain in prison till Friday.

“The sitting took place today and Sadiq was asked to be remanded in prison until Friday when the court will resume hearing on the case,” he said.

He insisted the matter was not about politics.

“Yes he actually brought the song for censorship and before we can grant him a certificate of approval, he went ahead to launch the song. For doing that he has faulted the censors’ board rule and we are charging him for that.

“Censoring a movie or song can take up to three weeks or more depending on the complexity of the song or film.”

Source: Premium Times

BREAKING: Court dismisses six charges against Nnamdi Kanu

Posted on March 1, 2017 by Staff Reporter

Binta Nyako, justice of the federal high court, Abuja, has dismissed six of the 11 charges brought against Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), by the federal government.

The charges dismissed bordered on “ownership of unlawful society, illegal importation of radio transmitters and researching on how to make improvised explosive devices”.

A magistrate court in Abuja had thrown out similar charges in 2015.

Nyako said she took the decision to quash the six charges because the prosecutor did not present any evidence.

However, she held that Kanu would be re-arraigned on a five count of treasonable felony.

On January 12, Ifeanyi Ejiofor, Kanu’s lawyer, had prayed the court to quash the charges against his client because he had not committed any offence by agitating for Biafra.

On Tuesday, Chukwuma Soludo, former governor of the Central Bank of Nigeria (CBN); Patrick Utomi, a professor of economics, and some Igbo leaders called for the immediate release of Kanu.

They described his trial as persecution, and they asked the government to release him for the sake of engineering a new Nigeria.

Source: The Cable

My husband beats me for refusing his excessive sexual urge, wife tells court

Posted on February 27, 2017 by Staff Reporter

An estranged wife, Sola Bamisile, 30, on Monday told an Ikole Ekiti Customary Court that she could no longer bear her husband’s strong sexual urge.

The petitioner alleged that her husband, Bayo Bamisile, constantly beat her whenever she refused him sex.

Sola told the court that within five and a half years of their marriage she had given birth to four children.

She also alleged that the respondent failed to care for her and the children.

According to her, none of the children is in school.

“I always quarrel with my husband because none of our children is in school; there is no proper care for me and the children.

“My husband is always concerned about having sex with me whenever he has taken palm-wine.

“He has not even paid my dowry,’’ she said.

The petitioner, however, told the court that her husband and his family members had been reaching out to her to reconsider her divorce move.

“My husband and his family have been coming to me to change my mind about the divorce.

“He has also written a letter of undertaking to be of good behaviour,” she said.

The petitioner tendered the letter of undertaking in court as exhibit.

The News Agency of Nigeria reports that the letter was admitted by the court.

The respondent denied the allegation of constantly fighting his wife and failing to take care of his family.

He however admitted not paying the dowry.

The president of the court, Yemisi Ojo, ruled that the plaintiff should monitor the respondent’s behaviour for three months to ascertain if he had changed.

She also ordered that the man should enrol his children in school before the next adjourned date.

Ms. Ojo adjourned the case to May 8 for report of settlement.

Source: NAN

Malabu Oil: Court Adjourns Ruling On Order Of Forfeiture Till March 13

Posted on February 27, 2017 by Staff Reporter

The Federal High Court in Abuja has reserved ruling until March 13, to decide on two separate applications filed by Shell Oil Exploration Limited and Agip Oil Exploration, seeking to set aside an order of forfeiture granted the EFCC in respect of oil prospecting license (245).

Justice John Tsoho was urged by the two oil companies to set aside the order he granted the EFCC on January 26, 2017 on the grounds that the EFCC chairman who is the applicant in the experte motion, was not the proper person to file it.

Counsel to the Shell Petroleum, Professor Kayinshola Ajayi, told the court that the EFCC chairman was wrong in bringing the experte motion that led to the order of forfeiture in his capacity as the chairman.

The counsel submitted that three conditions which ought to have been met by the EFCC before bringing the experte motion, were not met and as such the order of forfeiture granted was null and void.

Specifically, he said the EFCC ought to have in accordance with laid down laws, arrest, trace and then apply for order of attachment before seeking for an order of forfeiture.

He said that the EFCC had abused the court by not following the conditions precedent and that the case of the EFCC is patently hopeless.

He added that section 28 of the EFCC act does not permit the EFCC chairman to bring the experte application in his capacity as chairman .

According to Ajayi, the application, having been brought by an incompetent person, cannot invoke the jurisdiction of the court.

He added that section 115 of the evidence act was violently violated, because the EFCC in its supporting affidavit, claimed that it had completed investigation whereas, the order of attachment can only be applied for pending investigation.

On the claim by the EFCC that the order of attachment was a fall out of the 9 count charge filed against the two oil companies and others, Professor Ajayi said there was nothing to show that the charges have anything to do with the oil prospecting license (245) and as such, the claim did not hold water.

However, opposing the application, the EFCC counsel, Mr Johnson Ojogbane, asked the court to dismiss the two applications, on the ground that there was no proper suit before the court.

He added that the exparte application was brought by the EFCC chairman in line with section 44 of the 1999 constitution and as such, he is a competent person to bring the said application on behalf of the commission.

Mr Ojogbane said that it would be a disservice to the Federal Government and to Nigerians to vacate the temporary order in respect of Licence (245) because of the element of criminality involved.

Source: Channels TV

“I am not guilty of false assets declaration charges”, Saraki tells CCT.

Posted on February 23, 2017 by Staff Reporter

Senate President Bukola Saraki has pleaded not guilty to charges of false asset declaration a third time.

The federal government had amended the charges it filed against Saraki, necessitating a fresh plea.

On February 8, Rotimi Jacobs, the prosecution counsel, brought a notice of an amendment to the charges before the Code of Conduct Tribunal (CCT).

He said the amendment was based on evidence that had already been tendered? at the tribunal.

?In September 2015, the government filed a 13-count charge of false asset declaration? against the senate president. Saraki took his first not-guilty plea at the time.

And in February 2016, the government amended the charges, adding three additional alleged offences, which made them 16.

But on Thursday, two more charges were added?, making them 18.

The ?case was in progress at the time of filing this report.

Source: The Cable

Ex-Airforce Boss Amosu Objects As EFCC Tenders Incriminating Documents In Court

Posted on February 23, 2017 by Staff Reporter

Former Air Marshal Adesola Amosu (Rtd) yesterday objected to a move by the Economic and Financial Crimes Commission (EFCC) to tender some bank documents that showed how connived with some others to defraud the Nigeria Air Force (NAF).

At the resumed trial, counsel for the commission, Rotimi Oyedepo, sought the court’s leave to call on Tosin Owobo, an operative of the EFCC who is also a witness in the ongoing trial, to tender some letters obtained during investigations.

Owobo revealed that he obtained some documents from Heritage Bank, First City Monument Bank (FCMB), Guaranty Trust Bank (GTB), Skye Bank, United Bank for Africa (UBA), Fidelity, Keystone and Diamond Bank, that showed details of how monies were moved by companies linked to the former Chief of Air Staff.

Mr. Oyedepo then asked to tender one of the letters from FCMB as evidence before the court Bolaji Ayorinde, counsel to Amosu, objected. He claimed that the letter cannot be taken as evidence having been certified by EFCC and signed by the witness who is not the maker of the letter.

According to Ayorinde: “The witness is not the maker of the letter even though he claimed to have come across it in the course of an investigation. He cannot tender a document certified by him in favor of his commission.”

He argued that only the bank, being the originator, could certify the documents, and urged the court to reject them as being inadmissible.

Norrisson Quakers, the counsel to the second defendant, expressed the same view, adding that since the letter was not a public document but originated from a private institution, it cannot be admitted in evidence.

Quakers further claimed that EFCC was not in the position to certify the document, adding that one of the criteria for certifying any document was the cost of certification, which was not shown by the prosecutor.

Affirming that the witness was the same person who certified the letter, he called on the court to let it “fly out through the window”.

Oyedepo, responding to the defense lawyers, attempted to withdraw the letter.

“I will not be joining issues with the senior advocates and my learned colleagues because I still have questions to ask the witness,” he said. “So, because of time, I move to withdraw the letter.”

Ayorinde objected, saying that although the prosecutor could withdraw the letter if he so wished, the court must mark it as rejected.

Mr. Quakers also added that the prosecution could not withdraw the letter after the defense had objected to its admissibility and that Mr. Oyedepo ought to have withdrawn it before counsel argued. He also claimed that the move by the prosecutor to withdraw the letter showed the potency of their argument.

In ruling, Justice Ibrahim Idris agreed that the prosecution could not withdraw a document that had been argued, and could only argue the objection.

The matter was subsequently adjourned to February 24.

Amosu was arraigned alongside a former NAF Chief of Accounts and Budgeting, Air Vice Marshal Jacob Adigun, and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo, for money laundering and conspiracy.

Source: Sahara Reporters

BREAKING: Court rejects Metuh’s application to invite Dasuki to testify in his case

Posted on February 23, 2017 by Staff Reporter

The federal high court Abuja has refused Olisa Metuh’s application to compel Sambo Dasuki, a former National Security Adviser (NSA), to testify in his matter.

The court also declined Metuh’s request to allow him travel to the United Kingdom (UK) for treatment within the period of eight weeks.

Metuh is accused of receiving N400 million from Dasuki.

The said funds were meant to be used in tackling the Boko Haram insurgency in the north-east.

Okon Abang, the judge, said his application lacked merit and that Dasuki was not a “compellable witness”.

More to follow…

Court restrains Stella Oduah from withdrawing cash in banks.

Posted on February 23, 2017 by Staff Reporter

A Federal High Court, Lagos, has restrained Senator Stella Oduah and Sea Petroleum and Gas Company Limited and its directors from making any withdrawal whatsoever from the account of the company.

The restriction order also involves three other limited liability companies, namely Sea Shipping Agency Limited, Rotary Engineering Services Limited and Tour Afrique Company Limited.

The accounts of those firms are domiciled in 21 commercial banks listed before the court. The order followed an alleged indebtedness of $16,412,819.06 and N100,493,225.59 to Sterling Bank.

The order of the court was sequel to an affidavit sworn to by Business Manager, Sterling Bank Plc., Mr. Segun Akinsanya, filed and argued before the court by Kemi Balogun (SAN).

Akinsanya, in the affidavit, averred that on October 8, 2012, the bank granted a lease/cabotage vessel finance facility to Sea Petroleum and Gas Company in the sum of $10,069,620.25 to finance one unit 5,000MT tanker vessel.

“The loan was secured by unconditional personal guarantee of the companies’ director, Oduah, and supported by statement of her networth, legal mortgage of two property worth N135 million and power of attorney of the tanker vessel in favour of Sterling Bank.

“There was also a fully executed irrevocable standing payment order and tripartite remittance agreement between First Bank Plc, Sterling Bank and Stella Oduah,” Akinsanya swore.

He further averred that Sea Petroleum and Gas Company requested for and was granted additional facilities in the sum of $449,600 for post-delivery expenses, $642,954 and $350,000 to meet the requisite conditions in securing the release of the tanker from the federal high court.

According to him, upon the persistent failure of the defendants to liquidate their indebtedness, Sterling Bank instructed the law firm of Oluwakemi Balogun to recover the debt.

Meanwhile, Oduah and her companies while urging the court to discharge the order, also filed a preliminary objection urging the court to strike out the suit on the ground that the court lacks jurisdiction to entertain it.

Justice Abdulaziz Anka has adjourned till March 20, 2017 to decide either to vacate the order or not.

Source: The Guardian

I can no longer tolerate my wife’s masturbation, husband tells court.

Posted on February 22, 2017 by Staff Reporter

A 44-year-old businessman, Ekpolador Ebi, told an FCT High Court, Kubwa, that he would no longer tolerate his wife’s masturbation.

Mr. Ebi made this known when he testified in his divorce petition against his wife, Gloria Onajero, in Abuja on Wednesday.

He urged the court to end the marriage, which had produced two children because of his wife’s unfaithful and intolerable character.

The petitioner questioned the paternity of his children, when he found out his wife’s extra-marital affair with one Richard.

He also noted that his wife’s “ugly character” has had a negative impact on their children.

“She masturbates on a regular basis. I have warned her severally but she wouldn’t stop. Now it has affected my first daughter.

“I caught her on three occasions; I spoke to the mother about it and she promised that it would be resolved but it did not.

“Now, I noticed since we separated, that the children have developed confidence issues in school.

“My first daughter has also developed anger issues; she slams the door at you when you try to scold her. All these never used to be,” he said

Mr. Ebi also told the court that he ran away from his home because his wife and her mother frustrated all his good intentions.

According to him, his wife also beats the children with so much force and without mercy and when he tried to caution her, her mother supports her.

The petitioner urged the court to, aside dissolving the marriage, help him recover his property from his wife.

“My wife came into this marriage with nothing, but when she left, she went away with everything I had.

“She took all the original documents of my property, including our marriage certificate.

“I want everything back, including my first daughters’ international passport which has a five-year-visa on it.

“I also want this court to order her to stop calling me at odd hours. She calls me around 1 a.m., 2 a.m. or 3 a.m. for no good reason,” he said.

Festus Ukpe, counsel to the respondent, applied to the court to grant them two dates of adjournment to enable him and his client prepare their defence.

The presiding judge, Bello Kawu, adjourned the matter till March 21 and March 30.

Source: NAN

How Obanikoro Lost In Court Against Premium Times, SaharaReporters.

Posted on February 20, 2017 by Staff Reporter

A former junior minister of Defence, Musiliu Obanikoro, on Friday lost out in a defamation suit he filed against PREMIUM TIMES and Sahara Reporters.

Justice Oluwatoyin Ipaye of the Ikeja Division of the Lagos High Court ordered Mr. Obanikoro to settle the matter against the media organizations at the Alternative Dispute Resolution (ADR) within seven days.

“This is a case of defamation and the parties involved should settle at the ADR within seven days and give this court a progress report on the next adjourned date,” said Mrs. Ipaye.

The judge adjourned the matter to April 7.

Mr. Obanikoro had sued the two news organizations, as well as Punch newspapers; Omoyele Sowore, publisher of Sahara Reporters; and Festus Owete, General Editor at PREMIUM TIMES, for their reports implicating him in the Ekiti State governorship election rigging scandal.

The former minister claimed that the defendants had published defamatory articles that caused him “political and personal losses” and sought damages amounting to N1 billion.

In his suit, Mr. Obanikoro sought an order of perpetual injunction restraining the defendants from publishing defamatory, damaging, offensive, or degrading statements against him.

He further sought an order of the court compelling the media houses to retract all the damaging articles against him by publishing an apology in their respective media.

He also filed a similar suit against Sahara Reporters in New York where the company’s headquarters is located, accusing the medium of harming his reputation in Nigeria and the United States.

Two weeks ago, the Supreme Court of the state of New York dismissed the defamation suit, directing that the matter be resolved in a Nigerian court.

Last year, Mrs. Ipaye delivered a ruling describing the former minister’s application in his suit at the Lagos High Court as lacking in merit.

“There is nothing before the court that shows the applicant will suffer more harm if the injunction is not granted,” Mrs. Ipaye said in April 2016.

“It is an error to seek to restrain a publisher of an article on the grounds of libel if there is no proof before the court that such material is libelous.

“I am persuaded that this application has no merit and an injunction is not appropriate in the circumstance.”

Source Sahara Reporters

Court orders arrest of Osun monarch, Olokini of Okini.

Posted on February 20, 2017 by Staff Reporter

An Osogbo Chief Magistrates’ Court in Osun on Monday issued a bench warrant against a traditional ruler and his secretary for alleged contempt.

The accused and the Olokini of Okini, Okanola Akadiri, and his secretary, Suleiman Rasaki, are facing an eight-count charge of conspiracy, forcibly entry, threat to life and assault.

The Magistrate, Olusola Aluko, ordered the arrest of the accused for their alleged failure to honour an earlier order of the court for them to appear before it in a suit.

The prosecutor, Ogunleye Muyiwa, had told the court that the accused committed the offence on December 2, 2012, at about 3:00 p.m. at Awoniyi st., Ilobu, Okini.

Mr. Muyiwa alleged that the accused conspired together and forcefully trespassed on a piece of land belonging to one Rasheed Awoniyi.

He alleged that the accused deployed thugs to attack the bricklayers working on the plot of land.

The offences, he said, contravened Sections 516, 517, 86,81, 249(d), 8.,451, and 390 of the Criminal Code, Cap 34, Vol. 11, Laws of Osun, 2003.

At the resumed hearing on Monday, the prosecutor applied for the issuance of a warrant following the failure of the accused to appear in court with no reasonable excuse.

The magistrate consequently ordered the police to produce the accused on April 7, the next adjourned date.

Source: NAN

“It is my money”, Ex-NNPC GMD asks court to return $9.7m, £74,000 seized from him

Posted on February 20, 2017 by Staff Reporter

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Andrew Yakubu, a former managing director of the Nigerian National Petroleum Corporation (NNPC), has asked the court to return the $9.7 million and £74,000? seized from him by the Economic and Financial Crimes Commission (EFCC).

Yakubu has instituted a suit at the federal high court, Kano, to this effect.

He has requested that the court set aside the order of forfeiture granted to the federal government last week.

He said the court which granted the order had no such jurisdiction.

Ahmed Raji (SAN), filed the suit on behalf of Yakubu, Vanguard reports.

Raji argued that the crime was committed in Abuja, which is outside the territorial jurisdiction of the court in Kano.

“No aspect of the perceived offence in respect of which the Order of 13th February, 2017 was made, was committed within the Kano judicial division of this Honourable Court.

“By Section 28 of the EFCC Act, only the commission, i.e. the EFCC has the vires to seek an Order for the interim forfeiture of property under the Act.

“The power of this Honourable Court to make interim forfeiture Order(s) pursuant to Sections 28 & 29 of the Economic and Financial Crimes Commission Act, 2004 (hereinafter “EFCC Act”) is applicable ONLY to alleged offences charged under the EFCC Act and not to offences cognizable under any other law.

“The ex-parte Order of this Honourable Court dated 13th February, 2017, was made in respect of alleged offences under the Independent Corrupt Practices and other Related Offences Commission Act (hereinafter “ICPC Act”) and not the EFCC Act as prescribed by Section 28 and 29 thereof.

“The conditions precedent to the grant of an interim forfeiture Order under Sections 28 & 29 of the EFCC Act were not complied with by the Applicant before the Order was made.

“In the instant case, no charge was brought against the Respondent/Applicant before the provisions of Section 28 and 29 of the EFCC Act were activated to grant the ex-parte Order of 13th February, 2017.”

According to the EFCC, Yakubu claims that the sums of money found in his house were gifts.

Aregbesola laments burning of high court, says it’s assault on civilisation

Posted on February 17, 2017 by Staff Reporter

The Governor of Osun State, Rauf Aregbesola, has described the burning of a High Court in Ilesa by hoodlums as an assault on civilization.

The Governor visited the site for an on-the-spot assessment of the premises of the high court which was allegedly set ablaze by hoodlums on Monday morning.

Mr. Aregbesola inspected the court building in company of the state Chief Judge, Adebola Ojo.

“The fulcrum of human civilisation is based on two things: the maintenance of law and order and secondly the upholding of justice and truth,” he said.

“Where law and order cannot be guaranteed, when the instruments of justice cannot be guaranteed, what you have is chaos and anarchy. Our government will not allow this to happen.

“This attack is a major assault on the civilisation of the land because when you attack the major instrument of justice then you are also attacking the common man on the street.

“As a government we are very disappointed that this has happened.”

The governor vowed to ensure that the perpetrators of the act were brought to book, and hinted that the state commissioner of police had been charged to apprehend those involved as quickly as possible.

Governor Aregbesola, who noted that the vandalised court calls for urgent rehabilitation, stated that the high court in Ilesa and others across the state will be given urgent attention in terms of rehabilitation and security.

The governor also used the visit to sympathise with one of the security men at the premises, Olanrewaju Owoeye, who was beaten up and wounded by the hoodlums during the attack.

Kenyan Court Releases Jailed Doctors

Posted on February 16, 2017 by Staff Reporter

Kenya’s Court of Appeal on Wednesday ordered the release of jailed officials from the national doctors’ union, so they can negotiate with the government over the strike that has paralysed the public health sector.

The strike has angered Kenyans and turned into a test of President Uhuru Kenyatta’s leadership ahead of an election in August.

The union, which has about 5,000 members, wants the government to implement a deal agreed in 2013 to give doctors a 150 to 180 percent pay rise on basic salaries, review working conditions, job structures and criteria for promotions and address under-staffing in state hospitals.

The seven union officials were ordered to serve a one-month jail term on Monday after a lower court found them guilty of contempt of court in relation to the strike which started in December.

Appellate Judge Wanjiru Karanja said the seven officials would be released immediately. She said the parties in the labor dispute had seven days to find a resolution.

“The applicants, respondents and interested parties undertake to resume negotiations forthwith, with a view to resolving the outstanding issues, in order to restore normalcy in the public health sector,” she told a court packed with doctors.

The government has offered the striking doctors a 40 percent pay rise which the union rejected.

The Law Society of Kenya and the Kenya National Commission on Human Rights, who appeared as interested parties, were ordered to mediate the dispute and report back to the court.

Opposition leader Raila Odinga said the strike had dragged for too long and blamed the government for the impasse.

“So many innocent Kenyans have died in hospitals for lack of treatment,” he told reporters outside the court.

Wife seeks divorce over husband’s “withdrawal method” during sex

Posted on February 10, 2017 by Staff Reporter

A 36-year-old seamstress, Sherifat Adetunji, on Friday pleaded at a Lagos Island Customary Court that her marriage should be dissolved on ground that her husband was longer ejaculating inside her during sex.

The mother of two said her 10-year-old marriage was blissful until five years ago when things started changing.

She lamented that her husband could go a year or more without making love to her and that when he did he would not ejaculate inside her.

“My husband has been starving me sexually, sometimes he will not touch me for a whole year and when he did, he would not release inside me.

“I have complained severally about my dissatisfaction over his attitude towards our sexual life, but has refused to change,” she said.

She told the court that her husband once brought a strange man into their house to perform some rituals in the middle of the night and since then she started emaciating.

“My husband brought a man to pass the night in our house and that in the middle of the night they performed some rituals since then I have been growing lean.

“He did not show any concern about my state of health or why I was growing lean everyday,” Mrs. Adetunji said.

She, therefore, prayed the court to dissolve the marriage and give her the custody of their two children, Alia, 8, and Kismat, 5.

Her husband, Monsuru, 38, a trader, told the court that he thought his wife was happy in their marriage because they hardly quarreled.

He said he was surprised when she packed out of the house and brought him to court for the dissolution of their marriage.

He admitted his sexual behaviour, saying that it was due to the current economic recession so as to prevent his wife from getting pregnant.

“I stopped making love to her regularly and releasing in her because of the present economic situation in the country so that she does not get pregnant.

“The man she said I brought home was a distant relation who had no place to pass the night.

“The reason why my wife is reducing in size is because she does not give herself rest of mind, she is always worried about one thing or the other,” he said.

He urged the court to dissolve the marriage as he was no longer interested in the marriage because she had packed out of their matrimonial home.

The Court President, Awos Awosola, said that marriage institution could only work if the two were in agreement.

“Marriage is for two people, not one; your wife should also have a say in the home.

“Since she has complained severally that you are starving her sexually, you should have made amends.

“If you do not want to get her pregnant you can always use condom,” he said.

Mr. Awosola urged the two parties to maintain the peace and adjourned the case to Feb. 16 for further hearing.

Source: NAN

Woman in court for slapping employer’s mother

Posted on February 10, 2017 by Staff Reporter

A 32-year-old female employee, Sarah Oboh, who allegedly slapped and tore the clothes of her employer’s mother was on Friday arraigned before an Ikeja Magistrates’ Court in Lagos.

Oboh, a resident of Surulere area of Lagos State, is being tried for breach of peace, damage and assault.

According to the prosecutor, Insp. Clement Okuoimose, the accused committed the offences on Feb.1 at Bolaji Street, Ikeja, Lagos.

He said that the accused assaulted Mrs Olubunmi Jeyibo, by slapping her and tearing her clothes.

“The accused gave the complainant a slap and she also tore her clothes valued at N25,000,” he said.

He said that the complainant was assaulted when she went to her late son’s company to check the well being of staff and discuss with the accused who was managing the company.

“She went to her son’s company to have discussion with the accused who is in charge after the demise of her son. “During the discussion, an argument ensued and the accused slapped the complainant on her right cheek.

“She went further by tearing her clothes,” he said. The offences contravened sections 166, 170 and 348 of the Criminal Law of Lagos State, 2011. Section 170 prescribes a year imprisonment as penalty for assault.

The accused pleaded innocence of the offences and was granted bail in the sum of N20,000 with two sureties in like sum. The Magistrate, Mrs Y.O Ekogbule, adjourned the case to March 1, for mention.

My wife beats me often, separate us, husband begs court.

Posted on February 10, 2017 by Staff Reporter

Oluwatimilehin Oyewole, on Friday begged a Mapo Customary Court in Ibadan to dissolve his four-year-old marriage, to save him from constant beating by his wife.

Oluwatimilehin had in a petition to the court said that his wife, Kehinde usually slaps or mishandle him anytime they had disagreement.

“My lord, anytime I complain about Kehinde’s waywardness and lack of respect for me, she beats or attack me with any dangerous thing within her reach.

“Sometimes, Kehinde freely pulls my manhood as part of her attack on me.

“Most of the time, I run out of the house for her even in the midnight.

“However, it is not that she is more powerful than I am, but I am merely trying to avert bloodshed or casualty.

“I am most disturbed by the disposition of her mother who always supports her misbehaviour.

“Worst of all, Kehinde has exited my house for more than a year now and I have reports that she has been sleeping with different men around.

“I was told that if I admit her back into my house without her confessing to me all those who have had sexual intercourse with her, I might have to bear the evil consequence that should naturally befall her.

“This is the reason why I thought that I should let Kehinde go before she eventually kills me,” Oluwatimilehin stated.

Wwhen the matter came up, Kehinde was not in court to defend the allegations leveled against her.

The bailiff, however, confirmed that Kehinde was served with the notice to appear before the court.

The President, Mr Ademola Odunade, adjourned the matter to March 15, for further hearing.

Source: Punch

Ex-minister accused of N38 billion fraud fails to secure court permission to travel abroad

Posted on February 9, 2017 by Staff Reporter

A former minister of finance, Nenadi Usman, is at the risk of losing her life to breast cancer if not granted urgent leave to travel abroad, Abiodun Owonikoko, her lawyer, told a federal court in Lagos on Wednesday.

Mrs. Usman is facing a 17-count charge bordering on conspiracy, stealing, and money laundering alongside Femi Fani-Kayode, a former aviation minister; Danjuma Mohammed; and Jointrust Dimensions Nigeria Limited amounting to over N38 billion.

The accused pleaded not guilty to all the charges.

Amidst a charged atmosphere on Wednesday, Mr. Owonikoko reminded the judge he had, at the last hearing date (December 2, 2016), filed an application seeking to retrieve his client’s international passport to enable her keep her medical appointment abroad.

The defence lawyer urged the court that the application be heard first.

But Rotimi Oyedepo, counsel to the Economic and Financial Crimes Commission, EFCC, noted that the defence team had already filed an application challenging the jurisdiction of the court.

“I am thinking that on the face of the motion, it has lapses,” Mr. Oyedepo said of the defence lawyer’s request.

“The issue first should be that the court handles the application challenging the jurisdiction of the court which is more urgent, except if my learned colleague wants to strike out that application and then we can handle this issue.

“I think it’s tidy, logical and legal to determine the propriety of our appearance before our Lordship before any other matter.”

Mr. Owonikoko responded that the motion for medical leave was filed first before the application challenging the court’s jurisdiction.

“The defendant has already missed her previous appointment in hospital and this is very serious because she has breast cancer which is threatening her life and we only ask that there be an unconditional release of her passport.

“There was no application opposing this motion, we have brought her medical reports and it was not opposed. Even the president of the country sought for ten days medical leave but we all know where we are now.”

Mr. Oyedepo objected to the defence lawyer’s claims saying that it was not in his position to give evidence.

“With all due respect to the counsel, the jurisdiction of the judge is being challenged and I think that it’s urgent.”

But a visibly angry Mr. Owonikoko replied, “Why do we talk like this? If this defendant is bed-ridden, will this case go on?”

Justice Muslim Hassan asked Mr. Owonikoko, “If my jurisdiction is being challenged, shall I go ahead and hear any other case without first determining my jurisdiction?”

Responding, Mr. Owonikoko said, “It is not going to be palatable for a lady with breast cancer to be flying down from Abuja to Lagos, lodge in a hotel for a case that happened in Abuja.”

Mr. Oyedepo noted that the court sat during vacation and that there was no affidavit of urgency filed alongside the defence’s application.

“During your Lordship’s leave, this was not sought and obtained during the vacation bearing in mind that the defendant was supposed to fly on 20th December,” Mr. Oyedepo said.

“So the question to be asked is when does the application suddenly become urgent? The time for the defendant to fly has elapsed which was supposed to take place 20th December, 2016, and 20 January, 2017.

“When there are two issues before the court with one challenging the jurisdiction of the court and another on health issue, I only ask, which one should the court take first? Is it not lawful that the court handles the one challenging its jurisdiction.”

In his ruling, the judge held that he could not attend to the application seeking for medical leave while there is another application challenging his jurisdiction by the same applicant.

He then adjourned the case till March 1, 2017.

Source: Premium Times

My husband beats me for not worshiping idol, woman tells court.

Posted on February 8, 2017 by Staff Reporter

A fashion designer, Omotolani Alele, on Wednesday told an Idi-Ogungun Customary Court, Agodi, Ibadan that her husband beat her each time she refused to worship his family idol.

Omotolani, who lives at Ojoo area of Ibadan, had approached the court for dissolution of her five-year-old marriage on grounds of brutality and threat to her life by her husband, Anthony.

The News Agency of Nigeria reports that hearing in the case began on February 1 and was adjourned till February 8 for the defendant to produce their marriage certificate.

The plaintiff had refuted the claim of her husband that they were legally married.

However, at the resumed hearing of the case today, the husband failed to produce the marriage certificate.

In her testimony before the court, Omotolani had said that the union, blessed with a three-year-old child, had been a regrettable one due to daily ill treatment from Anthony.

“My husband asked me to join him to worship his family idol several times but l refused, and this made him to beat me always.

“His parents did not want him to marry me but we came together since he claimed to love me but he changed.

“He even took the only child of the union from me and cannot really say where he kept my child.

“I pray the court to grant my request for divorce; I am not ready to worship any idol and l don’t want to die young due to his constant beating,’’ Omotolani pleaded.

The defendant did not object to the petition.

The Court President, Mukaila Balogun, consequently upheld the request of the petitioner and dissolved the union.

He held that the evidence before the court proved that both parties were not ready for amicable resolution of their conflict.

He gave the custody of the child to the plaintiff and directed the defendant to pay N4,000 monthly for the upkeep of the child.

Source: NAN

Again, Appeal Court strikes out move by Lagos govt to stop hijab in schools.

Posted on February 8, 2017 by Staff Reporter

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The Muslim Students’ Society of Nigeria, MSSN, Lagos State Area Unit, has hailed the striking out of a motion seeking an injunction to stop hijab usage in the state by the Court of Appeal.

The Court of Appeal sitting in Lagos on Tuesday heard the motion – stay of execution – filed by the Lagos State Government and struck it out.

The case, CA/L/135/15, is between Lagos State Government, Asiyat AbdulKareem (through her father), Moriam Oyeniyi and Muslim Students’ Society of Nigeria.

The struck motion was asking the court to stop the use of hijab in public primary and secondary schools in Lagos State pending the ruling of the Supreme Court on the matter.

After hearing from both parties, the presiding justice, Muhammad Garba, struck out the motion.

With the current ruling, students in public primary and secondary schools in Lagos State can now wear hijab to school without harassment unless the Supreme Court rules otherwise.

Earlier, the Lagos State Government on Thursday, July 21, 2016 lost at the Court of Appeal when a full panel of the court gave approval to the Muslim students to use hijab to school.

The Amir (President) of MSSN Lagos State Area Unit, Saheed Ashafa, applauded the judgement, saying that the favourable outcome was expected.

According to him, the judgement will further strengthen fundamental human rights as enshrined in the constitution.

He stated that the MSSN Lagos would not entertain any act or form of harassment after the current judgement.

He said, “We applaud the judgement as this is not unexpected. The position of the law is very clear on the subject matter. This matter once more assure us that all hope is not lost on having a redeemed society.

“It gladdens to see that the injunction which the LASG is using as a basis to deny the implementation of the Court of Appeal judgement has been struck out.

“We hereby urge all stakeholders to be law abiding for a peaceful implementation of the judgement. There should be no violation of human rights against our Students while we expect an immediate implementation of the judgement in all schools across the state.”

While congratulating and thanking Muslims on the recent victory, Mr. Ashafa said, “We congratulate the entire Muslim Ummah (community) and urge our Muslim students to uphold decency and cleanliness which are the hallmark of Islam while exercising their right.”

A special constituted panel of the Court of Appeal sitting in Lagos on July 21, 2016 unanimously set aside the judgment of a Lagos High Court which banned students in public primary and secondary schools in the state from putting on the hijab with their school uniforms.

The special panel of the court presided over by Justice A.B. Gumel held that the appeal was meritorious and should be allowed.

In his lead judgment, Justice Gumel held that the use of the hijab was an Islamic injunction and also an act of worship, hence it would constitute a violation of the appellants’ rights to stop them from wearing the hijab in public schools.

Resolving all the five issues raised in favour of the appellants, the appellate court held that the lower court erred in law when it held that the ban on hijabs was a policy of the Lagos State Government (respondent).

Other justices in the five-member panel were M. Fasanmi, A. Jauro, J.S. Ikyegh and I. Jombo Ofor.

Justice Modupe Onyeabor of an Ikeja High Court had on October 17, 2014, dismissed the suit instituted against the Lagos State Government by two 12-year-old girls under the aegis of the MSSN, Lagos State Area Unit.

Dissatisfied, the appellants urged the appellate court to set aside the judgment and protect their constitutional rights.

The government had banned the use of the hijab, arguing that it was not part of the approved school uniform for pupils.

Following the ban, the students filed the suit on May 27, 2015, seeking redress and asked the court to declare the ban as a violation of their rights to freedom of thought, religion and education.

In her judgment, Mrs. Onyeabor held that the prohibition of the wearing of hijabs over school uniforms within and outside the premises of public schools was not discriminatory.

According to her, the ban did not violate Sections 38 and 42 of the 1999 Constitution as claimed by the plaintiffs.

Judge orders engineer to defend himself if he fails to produce lawyer.

Posted on February 7, 2017 by Staff Reporter

Justice S.S Ogunsanya of the Ikeja Division of the Lagos High Court Tuesday ordered an engineer, Kayode Adebanju, to prepare to defend himself if he fails to get a lawyer at a date adjourned for his trial.

Mr. Adebanju is being accused of issuing dud cheques to the tune of N31 million to Lukman Abuduni.

Counsel to the prosecution, T.A. Arabi, had earlier told the judge that no lawyer had announced appearance for the defendant in four previous court sittings.

“I pray this court that on the next adjourned date, if the defendant doesn’t have a lawyer to represent him, he will have no other option than to represent himself in court,” Mr. Arabi added.

The judge, mildly amused, noted that the prosecution lawyer at some point during previous proceedings had been absent in court.

But he told Mr. Adebanju he would defend himself on the next adjourned date.

“Registrar, tell the defendant that if he does not come to court on the next adjourned date, he will be defending this case by himself,” Judge Ogunsanya added.

In the suit, Mr. Abuduni had, sometime in November 2012, supplied Mr. Adebanju iron rods totalling N89 million out of which the latter allegedly paid N28 million.

“After a long wait in futility for the completion of the money, I made a primary investigation in the site which revealed that the engineer had collected the money,” Mr. Lukman said

“When I asked him for the completion of the money he issued me three cheques totaling N31 million. When I found out that the cheques were dud cheques, I used them as evidence to petition him at the Economic and Financial Crimes Commission.”

The judge adjourned the case April 10 for trial.

Court adjourns Oronsaye’s N190 million corruption trial

Posted on February 7, 2017 by Staff Reporter

An FCT High Court, Maitama, on Tuesday adjourned till March 1 for adoption of addresses in a case of alleged breach of trust and diversion of N190 million filed against Stephen Oronsaye.

Mr. Oronsaye, a former Head of Service of the Federation, was also the Chairman, Presidential Committee on Financial Action Task Force, set up by former President Goodluck Jonathan.

He was docked for breach of trust and diversion of N190 million meant for the committee he chaired.

The judge, Olasumbo Goodluck, adjourned the matter after listening to the submissions of counsel in the matter.

The prosecuting counsel, Faruk Abdullahi, informed the court that he just filed reply to the no case submission filed by the defence.

The defence counsel, Peter Erivnode, reminded the court that the no case submission was made since December 9 and duly served on the prosecution and it was almost two months now.

He said the prosecution realising that the matter was for adoption today decided to file its reply this morning.

Mr. Erivnode told the court that this was a clear indication that the prosecution was not prepared to pursue this matter diligently.

“In this circumstance, we pray the court to grant us an adjournment to enable us study what was in the reply,“ he said.

The News Agency of Nigeria recalls that the prosecution called six witnesses to prove its case and also closed its case on November 15.

On December 9, the defence opened its case by filing no case submission, saying that the prosecution does not have any case against the defendant.

Source: NAN

N26m scam: Femi Fani-Kayode seeks out of court settlement

Posted on February 6, 2017 by Staff Reporter

Former Aviation Minister Femi Fani-Kayode on Monday, asked the Federal High Court Abuja, to adjourn his case to allow him explore other options of settlement aside from going to trial.

Counsel to Fani-Kayode, Mr Ahmed Raji (SAN), who made the application on his behalf said that since the sum of money involved was only N26 million, he believed that there were other options of settlement.

Raji added that moreover, he was new on the case and would need some time to go over the facts of the case to enable him defend his client effectively.

“My Lord, I am just coming into the case and so I crave your indulgence to enable me familiarize myself with the case.

“Secondly, looking at the facts of the case and the money involved, I believe that there are other options we can explore.

“The case involves the sum of N26 million and the law allows you to explore the option of plea bargain and so many other options rather than go through trial,” Raji said.

He said that if the Economic and Financial Crimes Commission (EFCC) was amenable to plea bargain, the defence would take the option. The prosecuting counsel, Mr Johnson Ojogbane, said he was not opposing the application.

Ojogbane, however, asked the court to take cognizance of the fact this was the second adjournment at the instance of the defence and asked for a definite date to commence trial.

The judge, Justice John Tsoho adjourned the matter till March 14 for commencement of trial.

The News Agency of Nigeria (NAN) reports that the Fani-Kayode was arraigned by the Economic and Financial Crimes Commission (EFCC) before Justice Tsoho on a fresh five-count charge bordering on money laundering.

The ex-aviation minister was accused of allegedly collecting N26 million from the Office of the Former National Security Adviser, Sambo Dasuki and using same for media campaign.

Count two of the charge read that;” You Femi Fani-Kayode, converted N26 million cash paid from the office of the National Security Adviser for the purpose of media campaign when you ought to have reasonably known that the said funds formed part of an unlawful act contrary to section 15 (2) (b) of the Money Laundering Act.”

Following the argument of his bail application by the counsel who represented him on that day, Mr Ifedayo Adedipe (SAN), he was admitted to bail in the sum of N50 million and one surety in like sum.

NAN also reports that Fani-Kayode is facing another 17 -count charge of money laundering before the Lagos division of the court.

Source: Today

BREAKING: Court grants ex-FCT Minister’s son, Shamsudeen Bala N100m bail.

Posted on February 3, 2017 by Staff Reporter

Son of the former Minister of the Federal Capital Territory, FCT, Bala Mohammed Bala, Shamsudeen Bala Mohammed, has been granted a N100m bail by an Abuja Federal High Court.

The Economic and Financial Crimes Commission, EFCC, had arraigned Shamsudeen on a 15-count of N1.1bn money laundering offence.

EFCC alleged that the ex-Minister’s son paid millions of naira on different occasions totaling about N1.1bn for the purchase of houses without going through financial institutions.

According to the anti-graft agency, the act contravenes the Money Laundering (Prohibition) Act.

During today’s hearing of the matter, the trial judge, Justice Nnamdi Dimgba among other bail conditions, ordered Shamsudeen to provide two sureties to enter into N50m bail bond each.

The trial judge, while fixing March 27 and 28 for commencement of trial, ordered an accelerated hearing in the matter

Source: DailyPost

JUST IN: Court dismisses Obanikoro’s case against Sahara Reporters

Posted on February 1, 2017 by Staff Reporter

The Supreme Court of the state of New York has dismissed a defamation lawsuit filed by a former Minister of State for Defence, Musiliu Obanikoro, against SaharaReporters and its publisher, Omoyele Sowore.

Mr. Obanikoro, a former senator, and former Minister of State for Foreign Affairs, alleged that Mr. Sowore and his media group committed libel by implicating him in the Ekiti State election rigging scandal and by allegedly reporting that he “killed many people in Lagos.”

The former minister argued in court that the reporting by Mr. Sowore and his website harmed his reputation in both Nigeria and the United States.

The former senator sued Mr. Sowore in New York, where the headquarters of SaharaReporters is located.

Mr. Sowore’s counsel, Robert Balin, moved for dismissal of the case on the grounds of non conveniens, meaning that another court – in this instance, a Nigerian court – would be better suited than the one in New York to hear the case.

The defendant argued that since the alleged offences were committed in Nigeria, a Nigerian court should ideally hear the case.

Mr. Sowore’s lawyers also argued that all the pertinent documents and witnesses are in Nigeria, not New York.

Justice Debra James subsequently granted the defendant’s motion to dismiss the case, saying the matter should be resolved in a Nigerian court.

The judge ruled that the case being ”highly political in nature, the Nigerian government has a compelling interest in resolving this matter through its judicial process.”

“Accordingly, it is ordered that the motion to dismiss this complaint on the ground that New York is an inconvenient forum is granted and the complaint is dismissed with costs and disbursements to defendants upon submission of an appropriate bill of costs,” the judge said in her ruling.

$15 million: Court strikes out Patience Jonathan’s suit against SERAP

Posted on February 1, 2017 by Staff Reporter

The Federal High Court in Lagos has struck out the suit filed by Dame Patience Jonathan and her group Union of Niger Delta Youth Organization for Equity, Justice and Good Governance against a civil society group Socio-Economic Rights and Accountability Project, SERAP.

Mrs. Jonathan’s lawyers at the hearing of the case on Tuesday informed the court that they were no longer interested in pursuing the matter, and subsequently applied to discontinue/withdraw it.

Timothy Adewale, who represented SERAP in court, said: “This case should never have been brought against SERAP in the first place. The case has been a complete waste of our time. While we do not object to the request by the Plaintiffs’ lawyers for withdrawal of the case, we ask the Honourable Court for N500,000 as cost against Mrs Jonathan and her group.”

The court presided over by Justice C.M.A Olatoregun subsequently struck out the case and awarded N25,000 as cost to SERAP.

It would be recalled that Mrs. Jonathan and her group, Union of Niger Delta Youth Organisation for Equity, Justice and Good Governance, had accused SERAP in suit number FHC/L/CS/1349/2016 dated October 6, 2016 of “using online, print and electronic media to publish to the public unfounded and malicious allegations that she stole $15m (US) and ought to be prosecuted.”

SERAP responded by filing a preliminary objection dated October 27, 2016, asking the Federal High Court to “dismiss her suit with substantial cost.”

When the case first came up for hearing before Justice Olatoregun, Babatunde Ogala, former Chairman of the Lagos State House of Assembly’s Committee on Judiciary represented SERAP in court.

Mr. Ogala said: “Patience Jonathan’s claims cannot be maintained because they are brought on her behalf by a group that is unknown to law. Mrs Jonathan’s group is not a registered organisation envisaged by law. This very point calls into question the legal capacity to file this suit against SERAP, and the jurisdiction of the court to entertain her suit.”

One Union of Niger Delta Youth Organisation for Equity, Justice and Good Governance suing for themselves and on behalf of Mrs. Jonathan had sued SERAP on 6th October 2016 before the Federal High Court in Lagos.

Mrs. Jonathan and her group had asked the court for “an order of interim injunction restraining SERAP from taking any further steps in further vilification, condemnation and conviction of the Former First Lady Mrs Dame Patience Jonathan, in all public media and in the use of the judicial process for that purpose by the extremely publicized pursuit of any application for the coercion of the Attorney General of the Federation to prosecute the Plaintiff/Applicant for owning legitimate private property, pending the hearing and determination of the Originating Summons.”

The suit by Mrs. Jonathan and her group also claimed that, “The campaign by SERAP is in breach of Mrs Jonathan’s right to be presumed innocent until proved guilty under Section 36(5) of the 1999 Constitution of Nigeria (as amended). The action by SERAP seeks to coerce the Attorney General of the Federation to embark on a breach of the same right when the Attorney General is in a better position than SERAP and the Court to know whether or not there is any evidence of wrongdoing by Mrs Jonathan.”

“SERAP’s action is blatant misuse of the processes of this Court. SERAP therefore no longer deserves to continue as an incorporated entity and ought to be dissolved. It is just and equitable to dissolve SERAP in the circumstances of this case. Damages will not be adequate compensation for the irreparable damage Mrs Jonathan will suffer if the application is not granted. The Plaintiff undertakes as to damages in favour of SERAP in the event the instant application ought not to have been granted.”

“There has been a running battle between the Economic and Financial Crimes Commission (EFCC) and Mrs Jonathan with respect to the release of her legitimately earned funds which were deposited in accounts opened in the names of certain companies by one of her husband’s aides without her authorization.”

“The funds in question were legitimate gifts from her friends and well-wishers over the last 15 years which she had been saving in order to utilize to upgrade family businesses and concerns which had been somewhat dormant by reason of the long period of her husband service as a public officer in Nigeria.”

“The gifts were given in small contributions by several persons some of whom she cannot even now recall over this period of 15 years sometimes in as small a gift as N250,000 Naira. In order to preserve the value of these funds which she did not require for any purpose at the time she changed them into foreign exchange and kept them as cash for a long period in her home safe in Port Harcourt and Abuja.”

“It was when the family home in Otuoke was burnt down by hoodlums under the instigation of political adversaries in 2010 that she began to think about banking these gifts which had now grown to large sums in United States Dollars. In 2010 she therefore summoned one of her husband’s domestic aids, Waripamo-Owei Emmanuel Dudafa to assist her in opening bank accounts into which the funds could be deposited.”

“Unknown to her the said Dudafa in a bid to be discreet about the owner of the funds decided to bank the funds in the names of companies owned by him. When she discovered this she was constrained to continue with the names of the companies when she was advised that it did not make any difference as to the ownership of the funds since the director of the company would appoint her as sole signatory to the accounts in question.”

“When in 2016 Dudafa was arrested and detained she had no fear for the funds as she realised that the funds could not be attributable to him once it was discovered that she was the sole signatory to the said accounts. It was therefore a rude shock to her when she discovered that a no transaction order had been placed on the accounts by the EFCC in the belief that the funds belonged to Dudafa.”

“She instructed her solicitors to further write to the EFCC to inform them that the funds belong to her and that they formed a part of her legitimate earnings over the last 15 years. It was this letter that was leaked by the EFCC to the media that became sensationalized and led to the plaintiff’s vilification and attack by ignorant persons who had no information about the matter.”

“SERAP is playing to the public gallery in order to gain the notoriety it has achieved over the past years. SERAP has done this mostly by intervening in high profile issues without regard to the rights of persons it claims to protect. SERAP jumped into the fray of ignorant accusations being made against Mrs Dame Patience Jonathan in the public media and has begun a campaign of calumny against her using online, print and electronic media to publish to the public unfounded and malicious allegations that she stole the funds in question and ought to be prosecuted.”

“SERAP has maintained this position, notwithstanding the fact that there is no evidence whatsoever by which Mrs Jonathan could be prosecuted for obtaining the funds through unlawful means. In furtherance of this campaign, SERAP, being in breach of its own objects for which it was incorporated, has continued to proclaim the guilt of Mrs Jonathan in the media and recently was widely reported in the news media to have commenced a self-serving action to attempt to coerce the Attorney General of the Federation to prosecute her.”

Source: Premium Times

Court throws out EFCC’s appeal on Fayose’s bank account

Posted on January 31, 2017 by Staff Reporter

The Federal High Court, Ado-Ekiti division, has dismissed an appeal filed by the Economic and Financial Crimes Commission, EFCC, for a stay of the judgment delivered on December 13, 2016, ordering the agency to unfreeze the accounts of Governor Ayo Fayose.

The EFCC had on June 21, 2016 placed restrictions on two accounts of Mr. Fayose with Zenith Bank in connection with funds traced to former National Security Adviser, Sambo Dansuki.

Mr. Fayose challenged the action in court, insisting that the accounts had nothing to do with funds from the former NSA’s office.

The judge, Taiwo Taiwo, on December 13, 2016 had ruled against the EFCC on grounds that the EFCC’s actions contravened Section 308 of the 1999 Nigerian Constitution as amended.

Subsequently, the court ordered the agency to unfreeze the governor’s accounts “with immediate effect.”

Mr. Fayose later withdrew N5 million from the accounts on the strength of the judgment.
But the EFCC’s lead counsel, Rotimi Oyedepo, opposed the ruling, and filed a motion for stay of execution of judgment to among other reasons, allow the anti-graft agency preserve the funds in the accounts.

But Justice Taiwo, while dismissing the appeal on Monday, held that the appeal was made in bad faith.

“The ruling is functus officio, so the EFCC application was instituted in bad faith. Initially, there was a suppression of facts particularly in the way the plaintiff brought in judgment of other courts on the issue,” he said.

“If you examined critically, no proof of facts that appeal has been entered, and again, proceed of crime not a subject matter in the substantive suit, coupled with the fact that the matter was not instituted as a criminal suit.

“The court can’t go on voyage of discovery to fish for fact to grant equitable remedy when the respondent averred that he has defendants and ready to refund the money if found liable at trial after his tenure.

“The court can’t stay a judgment already executed and the whole exercise in freezing the governor’s accounts amounts is a breach of the provisions of Section 308, 1999 CFRN (amended),” he ruled.

Source: Premium Times

Court orders police to release detained Abuja publisher, Inuwa Bwala.

Posted on January 30, 2017 by Staff Reporter

A Borno State High Court has ordered the immediate release of Abuja based publisher, Inuwa Bwala, who was two weeks ago arrested by the police and detained in Maiduguri for alleged attempted murder.

Justice Hadiza Jos of the Borno State High Court Number 14 said it was unlawful for the police to detain an accused beyond two days without trial.

The judge also faulted the police for detaining Mr. Bwala despite his health condition, saying that the matter for which he was being charged does not warrant such treatment.

The publisher, who was detained alongside his driver, was in court to challenge the police for breaching their rights, for which they are demanding a N2 billion compensation.

Mr. Bwala, a former commissioner for home affairs, information and culture, was picked on his way to his office in Abuja by a police squad deployed from the Borno State command; and taken to Borno where he was detained without trial.

The Borno State police commissioner, Damian Chukwu, said Mr. Bwala was arrested in connection with the attempted murder of the state deputy governor, Usman Durkwa, who was attacked during the 2015 election when he was serving as a commissioner.

Mr. Durkwa was beaten to stupor by a mob that left him unconscious.

Mr. Durkwa sued five persons including Mr. Bwala as those that wanted to kill him.

Mr. Bwala, who insisted that he was not in his hometown, Marama, when the attack on the deputy governor was carried out at the place, denied the allegation.

The health condition of the former commissioner, a diabetic, reportedly relapsed while he was locked up in the police cell and denied access to his medication.

Speaking to PREMIUM TIMES, the lead council to Mr. Bwala, Zanna Hamza, said the publisher and his driver, Muhammed Audu, are asking the court to compel the police to release them, apologise and grant them a N2 billion compensation for damages.

“The application was filed on the 24^th of January, 2017 and it was taken on Friday, because it was an exparte”, the lawyer said.

“And then this morning Her Lordship granted order ordering the police to release the applicant, that is Inuwa Bwala and his driver, Muhammed Audu, pending the hearing of the originating of the originating summon which is for 7^th of February, 2017”.

“The applicants are seeking to impose their fundamental human rights. The police went to Abuja and bundled him and his driver, they brought him to Maiduguri, and put them in a police cell, they denied him access to his medication, because he is diabetic and hypertensive.

“While in their custody, Mr. Inuwa’s hypertensive state shot up to over 200 plus; while his diabetic symptom went to 8 plus. He was almost collapsing, when the police doctor rose alarm that ‘this man will die in our hand; lets rush him. They took to the state specialists hospital, they said there was no bed space, and then they had to rush him to the University of Maiduguri Teaching hospital.

“As we are speaking right now, Inuwa Bwala is still on the hospital bed where he is getting medication, and managing the diabetic crisis, due to the long period of time he could not take his medications, which the police denied him.

“One of the reasons Her Lordship ordered his release was because of his ill health”, Mr. Hamza said.

“We are coming back on the 7^th of February for the hearing of the substantive application, and among what we are demanding is a declaration by the court that his arrest and continued detention for this period of time without framing charges was unconstitutional, illegal and null.

“We are also seeking for an apology to him from the authority and also a damage of N2 billion.

Mr. Bwala and his driver, were not in court as at the time the court pronounced the order for the police to release them.

Source: Premium Times

“Release Zakzaky or be charged with contempt”, Court tells DSS.

Posted on January 30, 2017 by Staff Reporter

The federal high court sitting in Abuja says the Department of State Services (DSS) should release Ibraheem Zakzaky, leader of the Islamic Movement of Nigeria and Zennah Ibraheem, his wife, immediately.

On December 2, 2016, the court ordered the DSS to release Zakzaky and members of his family.

The court also ordered the police to get the IMN leader and his wife a safe place to stay.

Zakzaky has been in DSS custody since December 2015 when IMN members, also known as Shi’ites, clashed with Nigerian army in Zaria, Kaduna state.

However, in a notice by the court registrar to the DSS, Ibrahim Idris, inspector-general of police (IGP) and Abubakar Malami, attorney-general of the federation (AGF), he said if they not obey the order to release him from custody, they would be guilty of contempt.

The notice seen by TheCable which was entitled ‘Notice of Consequences of Disobedience to Order of Court’, read: “Take notice that unless you obey the direction contained in the order of federal high court of justice delivered on the 2nd December, 2016, which ordered you to release the applicants in suit no FHC/ABJ/CS/281/2016 and its sister suit no FHC/ABJ/CS/282/2016 withing forty days, inter alia you will be guilty of contempt of court and be liable to be committed to prison.

“A copy of the said order of earlier served on you is hereby annexed for your on-the-spot reference.

“This court has been informed that even as at Friday, the 20th January 2017, you are yet to comply with the lawful order of this honourable court by refusing to release th following persons namely; Sheikh El-Zakzaky and Mallama Zennah Ibraheem in your custody.

“Your are hereby directed to comply with the court order forthwith or you will guilty of contempt of court.”

Suspected Criminal Gang Attacks Court In Imo, Sets Accused Free.

Posted on January 27, 2017 by Staff Reporter

A suspect standing trial for crimes that include kidnapping, Henry Chibueze, also known as Vampire has escaped from Imo High Court premises following a shootout between gunmen and security operatives.

The attack left several persons wounded. No death has been reported so far.

Men suspected to be members of a gang attacked the operatives when the suspected criminal and other inmates arrived at the premises of the Imo High Court in Owerri, the capital of the southeastern state.

Eyewitness said the gunmen, over six of them, found their way into the court premises shortly after over 50 inmates were conveyed to court for hearing of various suits filed against them.

The gunmen opened fire on the security operatives and inmates at the court premises shooting sporadically into the air for over 10 minutes leaving several people wounded,.

According to the eyewitness, the gunmen were able to whisk away Henry Chibueze, whom was described as a “notorious criminal and kidnapper” who has been in prison since July 2015.

“We were here in the court premises when a lawyer came to call us to enter room three for hearing. Shortly after that we started hearing sporadic gunshots. About six gunmen entered the court and started shooting. Some people were even wounded. They came with a Jeep and eventually they whisked away one of the inmates who the prisons officials brought to the court for hearing. The gunshot lasted over 10 minutes,” the eyewitness, who do not want to be named told reporters.

“We Thought They Were DSS”

Confirming the incident to reporters, the spokesman for the Nigeria Police Force in Imo State, Maduba James, said the suspect, Chibueze, also known as Vampire was presently at large and that over five persons were critically injured due to the sporadic gun shots by the gunmen.

He told reporters that security operatives were on top of the situation to ensure that there was no breakdown of law and order in the state.

Mr James said: “We were in the office this morning when we got a call that some gunmen were in the court premises. We thought they were DSS officials because by then we were conveying over 50 inmates to the state High Court for hearing.

“However, the gunmen attacked some of our men and some of the inmates. They are critically injured now and have been taken to a hospital.

“Meanwhile, one of the inmates, who we know as Vampire, is at large presently but my controller and other security operatives are on top of the situation”.

At the moment, there is heavy presence of security operatives in the court premises and several clusters of people discussing the sad incident.

FG appeals court order to release Zakzaky

Posted on January 27, 2017 by Staff Reporter

The Federal Government has appealed the ruling of the Federal High Court Abuja, ordering it to release leader of the Islamic Movement in Nigeria otherwise known as Shi’ites, Sheik Ibrahim El-Zakzaky.

The appellants are the State Security Service (SSS), the Nigeria Police force and the Attorney General of the Federation (AGF) while Zakzaky was named as the respondent.

The Federal Government challenged the award of N50 million in favour of Zakzaky’s wife Zeenat.

Justice Kolawole had ordered that Zakzaky and his wife be released and the government must provide an accommodation for them in 45 days.

The appellant’s have challenged the court’s jurisdiction stating that Zakzaky’s property was destroyed in Kaduna.

The appellant stated that the judge erred in law when he lumped two cases together in his judgment stating that the trial judge should have delivered two separate judgments.

Source: YNaija

My wife beats me at will,” husband tells court.

Posted on January 26, 2017 by Staff Reporter

“My wife is stronger than me and she has turned me into a punching bag,” a man, Lukman Owolabi, told a Customary Court sitting in Ikole in Ekiti State on Thursday.

The News Agency of Nigeria reports that the wife had filed a suit seeking the dissolution of their 23-year-old marriage over constant fighting and threat to life.

However, the husband, who denied beating his wife, told the court his wife was one who had been beating him, saying “she is stronger than me.”

“My wife beats me whenever we fight because she has power more than me.”

Mr. Owolabi, who said the marriage had produced six children between ages six and 22, urged the court to dissolve the union.

Apart from the vexed issue of constant beating by the wife and threat to life, the estranged couple also wanted the court to intervene in a landed property to ascertain the legitimate owner between them.

The wife, Esther, who operates a restaurant and bar in the town, claimed ownership of the land, while the husband insisted the land belongs to him.

The President of the court, Yemisi Ojo, fixed further hearing for February 13.

Source: NAN

German Court sends 16-year-old girl to jail for terrorist attack

Posted on January 26, 2017 by Staff Reporter

A German Court sentenced a 16-year-old girl to six years jail on Thursday for an attack on a police officer.

The prosecutors described it as the first assault ordered by Islamic State in the country.

The teenager, identified as Safia S, was 15 years old when she slashed the police officer in the neck with a vegetable knife at the main railway station in Hanover in February 2016.

The 34-year-old policeman was severely injured but survived the attack.

Source: NAN

Once again, court tells FG that it is detaining Dasuki illegally.

Posted on January 25, 2017 by Staff Reporter

An Abuja High Court has again reaffirmed the bail granted former National Security Adviser, Col. Sambo Dasuki, and five others in the arms deal trial involving $2.1 billion.

Dasuki and five others were re-arraigned before Justice Baba Yusuf on the criminal charges that were transferred from Justice Peter Affen of the FCT High Court to the new court.

Justice Baba Yusuf reaffirmed Dasuki’s bail on the ground that he was entitled to it having been admitted to same since 2015 when the federal government brought criminal charges against him.

Others charged alongside Dasuki, are former Finance Minister of State, Bashir Yuguda; a former Director of Finance and Administration in the Office of the National Security Adviser(ONSA), Shuaibu Salisu; Dalhatu Investment; Sagir Attahiru Bafarawa and a former Sokoto State governor, Attahiru Bafarawa.

They were charged with corruption and breach of trust contrary to Section 215 of the Penal Code and Section 17B of the EFCC Act 2004.

The Defence counsel submitted that it was on record that the FCT High Court admitted Dasuki on bail before he was illegally arrested and detained by the State Security Services (SSS). Raji argued that with the transfer of the case from Justice Affen to Justice Baba Yusuf, the SSS had been separated from the matter, adding that the court record indicated that the ex-NSA was being prosecuted by the Economic and Financial Crimes Commission (EFCC) and not SSS.

The counsel further said that the illegal act of SSS should not be used to divest the court of its power to reaffirm the bail granted Dasuki earlier because he is entitled to it.

He urged Justice Baba Yusuf to adopt the bail conditions earlier granted Dasuki before Justice Affen and reaffirm same in the interest of justice.

The counsel argued that it is wrong of the prosecution counsel, Rotimi Jacobs, to have objected to the reaffirmation of the bail condition on Dasuki.

He said that Dasuki has in his possession a judgment of the ECOWAS Court which last year set aside the unlawful detention of the Ex-NSA and also imposed a fine of N15,000,000 on the Federal Government as compensation to his client.

Another Senior Advocate of Nigeria, Lateef Fagbemi, who spoke as a friend of the court, argued that there was no dispute that Dasuki was granted bail but has not been released by the SSS to enjoy the bail.

The senior counsel described the action of SSS as most unfortunate and urged Justice Yusuf to resist the temptation of being drawn into the illegality of actions of the SSS on Dasuki.

The Federal Government Counsel, Jacobs, told the court that he had no objection to the affirmation of the bail earlier granted to five other defendants in the trial.

He however urged the judge not to make any pronouncement or order in respect of the bail for Dasuki since he had not been allowed to enjoy any bail.

“Court must not act in vain, there is no point making an order in vain. Dasuki has been in the custody of the DSS since 2015 and is still there till today,” he said.

However in his brief ruling, Justice Yusuf said that it was an undisputable fact that ex-NSA was granted bail in 2015 and that it would be in the interest of justice to reaffirm the same bail irrespective of the action of another arm of the security agencies.

The judge adjourned trial in the matter to February 24, 2016.

My wife demands N500 before sex, man tells court.

Posted on January 25, 2017 by Staff Reporter

Mr Sunday Olaosebikan on Wednesday approached an Igando Customary Court in Lagos to end his seven-year-old marriage to his wife, Mutiatu, for allegedly demanding for money before sex.

He told the court, “My wife always refuses me sex until she collects N500.

“This, I am sure, is why she has not conceived after the birth of our only child, who is six-year old now.

“I am tired of paying N500 per round before having sex with my wife, please dissolve the union.

He further told the court said that Mutiatu always threatens to kill him.

He said, “My wife is after my life, she stabs me with dangerous weapons whenever we have misunderstanding.

“She once stabbed me with a broken bottle on my head and I bled heavily which landed me in the hospital.

“Mutiatu used our kitchen knife as pillow, when I queried her; she said her pastor instructed her to use it against bad dreams.

“Many a times when I request for sex or during argument, she brings the knife out threatening to stab me.

“She is just aggressive and violent in nature; she may kill me if I continue with the marriage.

“Because of her violent nature, I ran away from the house to avoid untimely death.”

He said that his family ejected his wife from his house for fear of unknown but that she came back begging, adding that he pitied her and accepted her back.

He said, “I accepted my wife back because I thought she had learnt her lesson, but she refused to change, instead she is getting worse day by day.”

The petitioner also said that his wife failed to respect him.

“My wife does not obey my orders; she always tells me that I cannot control her because we are age mate.”

He said that because of his wife’s bad behaviour, she could not get a steady job.

“Employers always sack her when she exhibited her character.’’

Olaorebikan begged the court to terminate the marriage.

The respondent was not in the court for her defence.

The President of the court, Mr Adegboyega Omilola, therefore, ordered bailiff to serve her another summon to appear in court and adjourned the case to Feb. 28 for further hearing.

Source: NAN

Court Orders Release of Ex-NSA Dasuki Again

Posted on January 24, 2017 by Staff Reporter

An Abuja High Court has again reaffirmed the bail granted former National Security Adviser, Sambo Dasuki, and five others in the arm deal trial involving $2.1 billion.

Justice Baba Yusuf reaffirmed the bail on Mr. Dasuki on the ground that he was entitled to it and having been admitted to same since 2015 when the federal government brought criminal charges against him.

Mr. Dasuki and five others were re-arraigned before Justice Baba Yusuf on the criminal charges that were transferred from Justice Peter Affen of the FCT High Court to the new court.

However after the 22 charges were read to the six defendants and all pleaded not guilty, counsel to Mr. Dasuki, Ahmed Raji, applied to the court to reaffirm the bail granted to the ex-NSA even though he has not been allowed to enjoy same since December 2015.

The counsel submitted that it was on record that the FCT High Court 24 admitted Mr. Dasuki on bail before he was illegally arrested and detained by the State Security Services (SSS).

Mr. Raji argued that with the transfer of the case from Justice Affen to Justice Baba Yusuf, the SSS had been separated from the matter, adding that the court record indicated that the ex-NSA was being prosecuted by the Economic and Financial Crimes Commission (EFCC) and not SSS.

The counsel further said that the illegal act of SSS should not be used to divest the court of its power to reaffirm the bail granted Mr. Dasuki earlier because he is entitled to it.

He urged Justice Baba Yusuf to adopt the bail conditions earlier granted Mr. Dasuki before Justice Affen and reaffirm same in the interest of justice.

The counsel argued that it is wrong of the prosecution counsel, Rotimi Jacobs, to have objected to the reaffirmation of the bail condition on Mr. Dasuki.

He said that Mr. Dasuki has in his possession a judgment of the ECOWAS Court which last year set aside the unlawful detention of the Ex-NSA and also imposed a fine of N15,000,000 on the Federal Government as compensation to his client.

Another Senior Advocate of Nigeria, Lateef Fagbemi, who spoke as a friend of the court, argued that there was no dispute that Mr. Dasuki was granted bail but has not been released by the SSS to enjoy the bail.

The senior counsel described the action of SSS as most unfortunate and urged Justice Yusuf to resist the temptation of being drawn into the illegality of actions of the SSS on Mr. Dasuki.

The Federal Government Counsel, Mr. Jacobs, told the court that he had no objection to the affirmation of the bail earlier granted to five other defendants in the trial.

He however urged the judge not to make any pronouncement or order in respect of the bail for Mr. Dasuki since he had not been allowed to enjoy any bail.

“Court must not act in vain, there is no point making an order in vain. Dasuki has been in the custody of the DSS since 2015 and is still there till today,” he said.

The judge adjourned trial in the matter to February 24, 2016.

Others charged along with Mr. Dasuki are former Finance Minister of State, Bashir Yuguda; a former Director of Finance and Administration in the Office of the National Security Adviser(ONSA), Shuaibu Salisu; Dalhatu Investment; Sagir Attahiru Bafarawa and a former Sokoto State governor, Attahiru Bafarawa.

They were charged with corruption and breach of trust contrary to Section 215 of the Penal Code and Section 17B of the EFCC Act 2004.

Source:

http://www.premiumtimesng.com/news/headlines/221407-court-orders-release-ex-nsa-dasuki.html

N136 million fraud: Court reserves judgment in trial of NIMASA boss

Posted on January 23, 2017 by Staff Reporter

A Federal High Court in Lagos, on Monday, reserved February 21 for judgment in a no case submission filed by ex-acting Director General of NIMASA, Calistus Obi, charged with N136 million fraud.

The trial judge, Mojisola Olatoregun, fixed the date for judgment after hearing arguments from both defence and prosecuting counsels on an application for a no case submission.

The Economic and Financial Crimes Commission, EFCC, had preferred an eight count charge against Mr. Obi

Mr. Obi, who was also an Executive Director of NIMASA, was charged alongside one Alu Dismas, a former personal assistant to ex DG of NIMASA, Patrick Akpobolokemi.

They had however pleaded not guilty to the charges and were admitted to bail in the sum of N5 million each.

At the resumed hearing of the case on Monday, defence counsel, Wale Akoni, informed the court of his application for a no case submission filed on December 2, 2016, on behalf of the first accused.

He said that his application was urging the court to hold that the prosecution had not made out a prima facie case to secure the conviction of the accused.

Explaining the content of his application, Mr. Akoni argued that a prima facie case could only be said to have been made out only in relation to the essential ingredients of the offence charged.

He said: “The test is, what are the essential elements of each of the offence, and what evidence has been brought in support.’’

He submitted that it was not sufficient for the prosecution to have gone on a wild goose chase and brought out all manners of evidences before the court without doing more.

He urged the court to uphold his no case submission on behalf of his client, and issue an order discharging him.

In the same vein, counsel to the second accused, Joseph Nwobike, also urged the court to uphold the no case submission of his client and discharge him.

He argued that the charges against his client were predicated mainly on conspiracy and conversion, adding that the prosecution had not made out sufficient evidence in proving an agreement to commit the offence.

He said that to prove the offence of conspiracy, the prosecution must lead enough evidence to show “agreement” between the accused to commit an unlawful act or to commit a lawful act by an unlawful means.

He stressed that the prosecution had not made out a prima facie case against his client, and urged the court to so hold.

In response, the prosecutor, Rotimi Oyedepo objected to the no case submission of defence counsels, and urged the court to call upon the accused to enter their defence.

He queried: “Can it be said that from all evidences tendered in this court and admitted as exhibits A to Z, there is nothing linking the accused to the offences? I disagree.”

Oyedepo argued that the evidences on record showed that funds were transferred to the first accused and further evidences led proved that these funds were not administered for official purposes.

He submitted that these evidence were substantial enough to establish the complicity of the first accused in the charges.

In relation to the second accused, Mr. Oyedepo submitted that the prosecution had adduced sufficient evidence to establish a prima facie case against him.

He argued that from the evidence of prosecution, “it is clear that it is the second accused who knows the company called Coster Mega Concept, to which the dollar equivalent of N111 million was transferred’’.

Mr. Oyedepo said that the second accused also nominated the accounts into which the funds were paid.

He submitted and urged the court to have a glimpse at the totality of evidences adduced by prosecution before arriving at a conclusion whether same can secure a conviction.

After listening to the submissions of counsels, Justice Olatoregun adjourned the case to February 21 for judgment.

In the charge, the accused were said to have committed the offence on August 5, 2014.

They were said to have conspired to convert the said sum which is property of NIMASA, and knowing same to be proceeds of stealing.

The offence is said to have contravened the provisions of sections 15 and 18(a) of the Money Laundering Prohibition (Amendment) Act, 2012.

Source: NAN

Federal High Court grants bail to Sambo Dasuki’s ally Edidiong Idiong

Posted on January 19, 2017 by Staff Reporter

A Federal High Court, sitting in Abuja, has granted bail to a businessman, Mr. Edidiong Idiong, in the criminal charges brought against him by the Federal Government. Idiong and two others were arraigned yesterday on an 11-count charge of alleged possession of funds meant to purchase arms by the National Security Adviser (ONSA), Sambo Dasuki.

The court, presided over by Justice Gabriel Kolawole, dismissed the objection by the Economic and Financial Crimes Commission (EFCC) that it was unmeritorious to grant Idiong bail.

The offence was said to be contrary to the Money Launering Prohibition Act and punishable under the same Act.However, the defendant pleaded not guilty to the charges along with Moortown Global Investment and African Cable Television Limited, who are second and third defendants.

She is challenging the commission’s freezing of $15.5 million in accounts that belong to her. Jonathan’s counsel, Ifedayo Adedipe, had sought for an adjournment to enable him serve his client the amended claims on the companies.

He said other defendants had been served with copies of the processes while the counter-affidavits had also been served on the plaintiff.Justice Mohammed Idris adjourned the matter to February 13, 2017.

Judge adjourns sentencing of fuel subsidy convicts to January 26

Posted on January 18, 2017 by Staff Reporter

Justice Lateefat Okunnu of the Ikeja Division of the Lagos High Court on Wednesday adjourned the sentencing of Walter Wagbatsoma, Adaoha Ugo-Nnadi, and Ontario Oil and Gas till January 26.

The sentencing was initially rescheduled to last Monday after Mrs. Ugo-Nnadi fainted in the dock when the judge who had pronounced their conviction was about to pronounce their sentence.

On Monday, Mrs. Ugo-Nnadi’s lawyer said she was “in a very precarious” health condition at the Lagos University Teaching Hospital.

In her ruling, the judge said the medical reports from Havana Specialist Hospital and LUTH, where the convict had been taken to, should be accompanied by an affidavit to be sworn to by the medical director and “attending doctor” respectively within 24 hours.

“The commissioner of police in Lagos is hereby directed to keep the second defendant under watch at whichever hospital she is taken to,” Mrs. Okunnu had said.

E.D Onyeke, counsel to the Mrs. Ugo-Nnadi, told the judge on Monday that they had submitted the medical reports and sworn affidavits from the doctors.

He urged the court to give a new date that would enable the doctors have adequate time for his client’s treatment.

“What is not in doubt is that there’s a medical report that says she’s not well,” Mr. Onyeke said.

The convicts were found guilty on eight counts of fuel subsidy fraud last Friday but Mrs. Ugo-Nnadi, the managing director of Ontario Oil and Gas, fainted in the dock just before her sentencing forcing the judge to adjourn.

Court remands 2 herdsmen over alleged destruction of farm crops

Posted on January 16, 2017 by Staff Reporter

An Ado-Ekiti Chief Magistrates’ Court on Monday ordered the remand of one Momodu Rebo, 19, and Isiaka Idris, 22, in prison custody over alleged destruction of farm crops.

The police prosecutor, Samson Osobu, told the Court that the accused, and others now at large, committed the offence on January 11 at Apoto farm settlement, Eporo, in Emure-Ekiti.

Mr. Osobu alleged that police took guns and others offensive weapons from the accused.

He said that the offence is contrary to Section 4 (1) of Prohibition of Cattle and other Ruminant Grazing in Ekiti State Laws, 2016 and punishable under section 11 of the Ekiti State Kidnap and Terrorism (Prohibition) Law, 2015.

The prosecutor ?said the accused, on the said date, unlawfully allowed their cattle to graze on farmland not designated as ranches, but belonging to Akinwale Bisi, Agbelegbe Dare and Paul Salami.

Mr. Osobu said the cattle thus damaged their crops, valued at eight hundred and fifty thousand naira (N850, 000).

He applied for a date of adjournment to file the case and send to the Office of the Director of Public Prosecutions, DPP, for legal advice.

The pleas of the accused were not taken, as their counsel, Ademola Okeya, sought for a short date of adjournment, pending the advice from the DPP office.

Chief Magistrate Idowu Ayenimo remanded the accused persons in prison custody, till the outcome of the advice from the DPP.

He adjourned the case to January 27 for further hearing.

Source: NAN

How senior lawyer bought N8 million car for Justice Ademola – Sales Rep

Posted on January 16, 2017 by Staff Reporter

A witness in the ongoing trial of a Federal High Court judge, Adeniyi Ademola, has explained how a BMW luxury car was purchased for the defendant by a Senior Advocate of Nigeria, Joe Agi.

The witness, Ifeoma Ofornagolu, the first of 14 witnesses to testify in the matter, said she delivered the vehicle at the residence of Mr. Ademola in Lagos after same was paid for by Mr. Agi, the third defendant in the matter.

Ms. Ofornagolu, a sales consultant with Coscharis motors, said she is responsible for facilitating such transactions between customers and her company.

According to the witness, her office confirmed the purchase by placing a call to the buyer of the vehicle. Once the necessary confirmation has been made, the name of the customer (owner of the purchased car) is noted for delivery.

“The receipt was issued in the name of Ademide Ademola; ( Mr. Ademola’s son). I accompanied the driver to deliver the vehicle to Ademide Ademola at number 16 Babatunde Ajose Avenue, Lekki, Lagos. The car was signed for by Mr. Ademide Ademola who received the vehicle,” said Ms. Ofornagolu.

Earlier, Ms. Ofornagolu said the confirmation of the purchase was made via a call between her office and Mr. Agi’s company, Joe Agi and associates.

She added that Mr. Agi also called them after the transfer of N8 million was done from his company’s bank as cost of the BMW, while an additional N400,000 was paid as VAT for the same vehicle.

“I was also called by Joe Agi. He called me to confirm if the transaction has been made,” she said.

The witness further said the receipt was sent to Ademide Ademola, via his email address, ademideademola@gmail.com.

After the witness had finished the first phase of her testimony, the defence counsel objected to the admissibility of the receipt on the ground that the said receipt was sent using an email through an Ipad that was not certified before the court.

The counsel to the first and second defendant, Onyeachi Ikpeazu, said although he did not object to the admissibility of the delivery note and the invoice containing the said transaction, he would contest the authenticity of the Ipad, through which the email was said to have been communicated to the defendant’s son.

The prosecution did not object to the submissions of the defence, subsequently, the documents sent using the email was withdrawn.

Mr. Ikpeazu also objected to the repetition in court of the statements made by the witness during the cause of the investigation.

The witness, Ms. Ofornagolu, had been asked to recount the details mentioned in her statement, while she was being investigated.

She began to make the narration holding the said statement when she was interjected by the defence counsel, who argued that according to Section 84 of the Evidence Act, the witness should not allude to her own statement before the open court.

He said according to the law; the witness is only allowed to refer to his or her own statement, if such a statement proves inconsistent with what is testified in court by the same witness.

“A prior consistent statement is inadmissible by the same witness,” said Mr. Ikpeazu.

Counsel on both sides argued over the admissibility or otherwise of the statement.

Consequently, the trial judge, Jude Okeke, adjourned the matter till January 17.

Source: Premium Times

Judge adjourned sentencing of convicted fuel subsidy fraudsters over suspect’s health

Posted on January 16, 2017 by Staff Reporter

Justice Lateefa Okunnu of the Ikeja Division of the Lagos High Court on Monday adjourned the sentencing of Walter Wagbatsoma, Adaoha Ugo-Nnadi, and Ontario Oil and Gas till January 18 after Mrs. Ugo-Nnadi was reported to be “in very precarious” health condition.

The convicts were found guilty on eight counts of fuel subsidy fraud last Friday; but Mrs. Ugo-Nnadi, the managing director of Ontario Oil and Gas, fainted in the dock just before her sentencing forcing the judge to adjourn.

Mr. Wagbatsoma is still in the UK where he is under house arrest for alleged money laundering.

Monday’s proceedings began with Rotimi Jacobs, counsel to the Economic and Financial Crimes Commission, informing the defence counsel for the umpteenth time that his clients are no longer to be referred as defendants but convicts.

A Kadiri, the defence counsel, told the court that Mrs. Ugo-Nnadi was still “lying prostrate” at the Lagos University Teaching Hospital after her collapse on Friday.

“Prison officials accompanied them on Friday, first of all she was taken to Havana Specialist Hospital, her private hospital, where she was put on life support,” Mr. Kadiri said.

“On Saturday, she was referred to LUTH. Prison officers have been mounting beats there with her in her ward.”

Mr. Kadiri presented a medical report from Havana Specialist Hospital before informing the judge that a second one – an interim report” from LUTH “is on the way.”

In his response, Mr. Jacobs said the prison and EFCC officials had been uncomfortable when the convict was taken to a private hospital because it was difficult to station officers there.

“But according to the information I got, she was doing very well,” said Mr. Jacobs, a senior advocate of Nigeria.

“Our men from the EFCC were also there to watch on her from Friday to Saturday. I was informed that her doctor was going to discharge her but on request she was transferred to LUTH.”

Mr. Jacobs, however, did not mention who gave the request for the transfer.

The prosecution counsel also asked the judge to treat the medical report presented by the defence lawyer “with great caution” because it was a ploy for Mrs. Ugo-Nnadi to avoid going to prison.

“I will be urging my Lord to make an order for an independent assessment of the convict,” Mr. Jacobs said, adding that the judge should pronounce the sentence on Ontario Oil and Gas.

But Mrs. Okunnu said there has not been a precedent, where a convict was hospitalised just before sentencing.

On sentencing the convicts’ company, the judge said she would “rather err on the side” of caution because Mrs. Ugo-Nnadi had been representing Ontario Oil and Gas.

In her ruling, the judge said the medical reports from both Havana Specialist Hospital and LUTH should be accompanied by an affidavit to be sworn by the medical director and “attending doctor” respectively within 24 hours.

“The commissioner of police in Lagos is hereby directed to keep the second defendant under watch at whichever hospital she is taken to,” Mrs. Okunnu said.

“The matter is adjourned till Wednesday, January 18, for further proceedings and sentencing.”

Court fixes February 10 to rule on Nnamdi Kanu’s case

Posted on January 13, 2017 by Staff Reporter

The Federal High Court sitting in Abuja has fixed February 10 for ruling on whether to dismiss the charges preferred against the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, or not.

The court will also give its ruling on whether or not to quash the charges brought against Kanu’s co-defendants – Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi.

Also to be decided on February 10 is the application on the competence of the charge against Kanu, who is the first defendant.The accused persons are standing trial for alleged treasonable felony and terrorism.

At the resumed hearing yesterday, Kanu’s counsel, Ifeanyi Ejiofor argued that his client’s application challenging the charge against him was hinged on the fact that there was no case against him.

He said: “Our application was premised on the fact that the proof of evidence attached to the charge cannot sustain it because it did not disclose a prima facie case against Kanu.”

Ejiofor added that the proof of evidence was empty, baseless and unfounded and that in such circumstance the court was required to quash the charge, then discharge and acquit the accused.

UPDATE: “I will meet Sowore in court, I have evidence of blackmail” – Fatodu

Posted on January 12, 2017 by Staff Reporter

Lekan Fatodu, the UK-based journalist who accused Omoyele Sowore, publisher of Sahara Reporters, of criminal defamation, says he has nothing personal against him but they must meet in court.

Describing the owner of the news website as his friend of over 20 years, Fatodu said both of them fell out after he refused to give in to Sowore’s demand of a N100 million bribe.

Fatodu said he got a contract from the office of Sambo Dasuki, former national security adviser (NSA), which he delivered and the federal government was satisfied, but Sowore demanded his own cut from the deal.

The online publisher denied the allegation, saying he had never taken bribe, and could not even solicit such from someone like Fatodu.

“This is someone I bought a ticket for to get out of this country. I was the first person that bought him ticket to leave this country. If I want bribe, it won’t be from him,” he told TheCable.

“Jonathan was there distributing money like water and they would have loved to give me, but I didn’t collect. If I was president of the University of Lagos students’ union and I didn’t take bribe, if I have been doing Sahara Reporters for 10 years without taking bribe, why will I take bribe from him?”

But Fatodu said he had compelling evidence against his estranged friend, and he had made up his mind on suing him to court.

“I am charging Sowore to court, I am pushing a criminal case, a threat to my life, and I am doing it today. I have compelling evidence against him. I have known Sowore for almost 20 years. He demanded N100 million from me from a fictitious N500 million contract from the office of the former national security adviser (NSA),” he told TheCable.

“I did a contract with the ex-NSA in 2014, and my name has not been put out for committing any crime in the course of the contract. I delivered the contract, and the NSA office was satisfied.

“So, for Sowore who is always looking for someone to rubbish to come after me is strange. This is a man I helped when he was begging for assistance, and I have evidence. I have pushed him to where he is, so he should allow me live my life.

“I have never heard that it is a crime to have a contract with government, inasmuch as you deliver what you have been given money for and you do it legitimately.

“There is no reason why he should come after me. He started calling me in 2016, asking for a cut. He said the federal government had asked people to appear before a verification committee on contracts, but the government only listed companies and not individuals.

“I don’t have anything to hide. My refusal to give in to Sowore’s selfish demand made him to malign me and also issue a threat. I have a recording where Sowore said his bank account is bigger than mine. He has been doing this to a lot of people, but today is his day.

“I have nothing personal against him; Sowore is my friend, but I have to defend my rights. Some people are saying it is a civil case, and it doesn’t warrant police intervention. Threat to life is not a civil case, it is a criminal offence.”

Fatodu said the only condition for not going to court was for Sowore to tender an apology.

“He needs to tender an apology over his dubious story before I can consider settling any issue. That is how it is done in any decent society,” he said.

Told to react to the allegation that he was acting on behalf of aggrieved politicians whose deeds had been exposed by the activist-journalist, Fatodu said: “This is strictly between us. I am not fighting on anyone’s behalf. I am just out to defend my rights. This is a threat to my life here.”

But Sowore said there was a grand conspiracy against him, and that he was prepared to go any mile to defend himself.

He accused the police of taking sides with his accuser.

“I was physically attacked by this guy and the police was called. When we got to the police station, they changed the story,” he said.

“The commissioner of police said he had a petition against me. And I was furious, because here was a guy who nearly killed me. That’s the story, not the red herring that I demanded money.

“This problem started in January 2016 when I wrote a story on him being a front for Femi Fani-Kayode. He came and even sent people to beg me to take the story down, but I said I don’t take stories on my website down because I have evidence.

“He then moved to threat, but if he has evidence that I demanded money from him, wouldn’t he have put the information out there? What has he been waiting for since January 2016? I do not demand bribe to do stories, I did not demand a kobo from him, never. Why didn’t he give you the evidence?”

Sowore said he was aware that a governor had called Fatodu to congratulate him on the latest development, but he was not worried.

“I am an activist, activism is what I do. People can hate me or love me for it. That’s what I do. I am not afraid. I heard that a governor has called to congratulate him,” he said.

“If you see the story they were pushing out yesterday, you will know that this is a serious conspiracy. Even the statement released by the police…. I love this country so much. I know there are a lot of people working behind the scene, but I am not afraid.”

BREAKING: Court suspends Nnamdi Kanu’s secret trial

Posted on January 12, 2017 by Staff Reporter

An Abuja Federal High Court, on Thursday suspended the secret trial of the leader of the Indigenous People of Biafra, IPOB, till further notice.

Justice Binta Nyako made the pronouncement following a prima facie suit filed by Kanu’s counsel, Ifeanyi Ejiofor challenging the veracity of the charges leveled against them.

Shortly after his introduction, Ejiofor argued that the charges against the defendants lack merit and basic proof.

According to Ejiofor, “Nnamdi Kanu (the first defendant) is only exercising his right to self-determination.”

He contended that the defendants started their agitations before Muhammadu Buhari emerged as President; hence do not pose any threat to the Federal Government.

After listening to his argument, Nyako suspended the trial till further notice.

Kanu alongside Chidiebere Onwudiwe, Benjamin Madubugwu and David Nwawuisi, are currently facing trial before the Justice Nyako – led court for charges bordering on treasonable felony.

Details later…

Gambia’s Supreme Court postpones hearing in Jammeh’s petition

Posted on January 10, 2017 by Staff Reporter

Gambia’s Supreme Court on Tuesday postponed hearing in a petition filed by outgoing President Yahya Jammeh to challenge the results of the Dec. 1 presidential election which he lost to Adama Barrow.

The court’s registrar said “the case has been adjourned until Jan. 16, since only one of the required minimum of five judges is present.’’

Mr. Barrow, a former real estate agent who was little known before he announced his candidacy, was scheduled to take office on January 19.

The postponement of the case came one day after the Communications Minister, Sheriff Bojang, stepped down and fled the West African nation.

Mr. Bojang said he resigned because Mr. Jammeh’s refusal to accept the outcome of the presidential election was disregarding the will of the people.

On Monday, several West African heads of state resolved to intervene in Gambia’s political crisis after meeting in the Nigerian capital of Abuja.

They were expected to arrive in Gambia to meet with Mr. Jammeh, who ruled the country for more than two decades on Wednesday.

The Economic Community of West African States (ECOWAS), the UN and the African Union are also expected to take part in the dialogue and call on Mr. Jammeh to respect the country’s constitution.

During an earlier meeting in December, West African heads of state failed to convince Mr. Jammeh to permit peaceful transition of power.

Some observers fear that delays to the planned handover of power can lead to violence.

How I Moved Cash For Justice Ofili-Ajumogobia – Witness Tells Court

Posted on January 10, 2017 by Staff Reporter

The trial of Justice Rita Ofili Ajumogobia continued on Monday at the Lagos High Court sitting in the Ikeja area.

The first prosecution witness, Ademola Oshodi detailed in court how monies were paid and moved between the judge’s domiciliary account and her other accounts.

The Economic and Financial Crimes Commission (EFCC), had accused Justice Rita Ofili Ajumogobia of unlawful enrichment, corruption by a public officer, forgery and giving of false information to an official of the EFCC.

She is standing trial alongside a Senior Advocate of Nigeria, Godwin Obla, who was charged with offering gratification in the sum of five million Naira to Justice Ofili-Ajumogobia, a public official while carrying out her duties as a judge.

The accused persons had pleaded not guilty to the charges.

At Monday’s proceedings, the court proceeded with trial despite efforts by the judge’s lawyer, Mr. Wale Akoni (SAN), to halt the trial.

The SAN asked for an adjournment, on the grounds that he had a pending application asking the EFCC to provide him with some documents in relation to the case.

The prosecution witness told the court how Justice Ofili-Ajumogobia, approached his bank, Diamond Bank to open a corporate account for her company.

Upon verification, the bank found out that address she gave for the company, Nigel and Colive was an uncompleted building.

The witness, however, said the bank went ahead and opened the corporate account for the company in good faith because of the defendant’s position as a Federal High Court judge, and also because the property belongs to her.

The witness further detailed in court how he helped the judge move large sums of foreign currencies between her three accounts domiciled with Diamond Bank.

The defense counsel declined to comment on the day’s proceedings but the prosecuting counsel Rotimi Oyedepo did.

Presiding Judge, Justice Hakeem Oshodi has adjourned the matter till January 30, for continuation of trial and possibly the hearing of the first defendants pending application.

Court Bars Journalists From Covering Nnamdi Kanu’s Trial

Posted on January 10, 2017 by Staff Reporter

A court in Nigeria’s capital, Abuja, has barred reporters from covering the trial of the self-acclaimed leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.

There is huge presence of security personnel at the trial of the pro-Biafra leader taking place at the Federal High Court, with the officials denying journalists and visitors entry.

Only close family members are allowed into the court by security operatives.

No reason was given for this decision by the court but recently it was reported that the trial of the self-acclaimed IPOB leader would be done behind the camera, a move that Mr Kanu had protested.

Outside the court premises, however, are journalists and supporters of the accused persons, Mr Kanu.

Mr Kanu is standing trial on a three-count charge of criminal conspiracy, intimidation and belonging to an unlawful society.

He has pleaded not guilty to the charges.

He was arrested in Lagos on 14 October, 2015 and has been held in prison since then despite various court orders that ruled for his release.

Members of the IPOB in the southeast have also held series of protests, demanding his release.

Court grants Justice Ademola accelerated hearing

Posted on January 10, 2017 by Staff Reporter

An FCT High Court yesterday granted a motion filed by a suspended justice of the Federal High Court, Justice Adeniyi Ademola seeking for an abridgement of time in his trial.

Justice Ademola, through his counsel, Dr. Onyinyechi Ikpeazu (SAN) filed the motion on December 16th, 2016 seeking among other things for an accelerated hearing and abridgement of time in the trial.

The trial judge, Justice Jude Okeke, while delivering his ruling Monday noted that since the prosecution did not file an objection to the motion, the court will grant the prayers in the motion. He thereafter adjourned the matter to “January 11th for further arraignment in the event the prosecution files a fresh or amended charges and trial was fixed for January 16, 17&18.”

Speaking with court reporters after proceeding, prosecution counsel, Segun Jegede said the trial was supposed to commence on January 18 but the defendant wanted an accelerated hearing and an earlier date for the trial which has been granted by the court. He said the prosecution did not object to the motion because it was in line with Section 396 of the Administration of Criminal Justice Act (ACJA).

Jegede added that the Federal Government in the amended charge to be filed today will join one Mr. Joe Agi (SAN) to the defendants in the matter. He said the arraignment will go ahead tomorrow as agreed by all counsels.

The Federal Government had last year arraigned Justice Ademola and his wife Olabowale, the Head of Service of Lagos State over charges bordering on gratification and illegal possession of firearms and live ammunition. Both were granted bail on self recognisance to the tune of N100 million.

Coca Cola dragged to court for allegedly misleading consumers.

Posted on January 5, 2017 by Staff Reporter

Coca-Cola Co and the American Beverage Association trade group were sued on Wednesday for allegedly misleading consumers about the health risk of consuming sugary beverages.

The case was filed in a federal court in Oakland, California, U.S.

The non-profit Praxis Project accused the defendants of downplaying the risks to boost sales, despite scientific evidence linking sugary beverages to obesity, diabetes and cardiovascular disease.

Praxis accused both defendants of using euphemisms such as “balance” and “calories in, calories out” to mislead consumers. It also accused Coca- Cola, the world’s largest beverage company, of trying to mislead the public into thinking the lack of exercise was the real cause of obesity.

“The notion that Coke’s products can be part of a healthy-diet is imprinted in the minds of millions of people and requires corrective-action,” Maia Kats, the Litigation Director Of the Centre for Science in the Public Interest (CSPI) which helped file the lawsuit, said.

However, Coca-Cola Spokesman, Kent Landers, described the lawsuit as “legally and factually meritless.

“We take our consumers and their health very seriously and have been on a journey to become a more credible and helpful partner in helping consumers to manage their sugar consumption.”

The American Beverage Association also described the accusations as “baseless”, noting that “together with members, we are working with health groups to reduce consumers’ caloric and sugar intake from beverages.”

Wednesday’s lawsuit seeks to stop misleading marketing and requires more consumer warnings, among other remedies.

Filed in the federal court in Oakland, California. Coca-Cola and PepsiCo Inc pledged to bolster efforts to reduce added sugar in beverages.

In October, Coca-Cola’s Chief Operating Officer, James Quincey, slated to succeed Muhtar Kent as chief executive in May, said the Atlanta-based company had more than 200 “reformulation initiatives” toward that end.

But according to the complaint, a 16-ounce bottle of Coke has 12 teaspoons of added sugar, a 15.2- ounce bottle of Minute Maid Cranberry Grape Juice drink has 13 teaspoons, and a 20-ounce bottle of Vitamin water has eight teaspoons of sugar.

The American Heart Association recommends not more than nine teaspoons of sugar per day for men, and six teaspoons for women.

A teaspoon of sugar has about 16 calories.

Warren Buffett, whose Berkshire Hathaway Inc is Coca-Cola’s largest shareholder, says he drinks at least five bottles of Coke a day.

The CSPI sued PepsiCo in October over health claims for its Naked juices, but did not target that company in Wednesday’s lawsuit.

Kats said PepsiCo “is not promoting itself as a voice of science, or misrepresenting the harms of sugary beverages the way Coca-Cola is.”

The case is Praxis Project v Coca-Cola Co et al, U.S. District Court, Northern District of California, No. 17-00016.

Tailor in court for ‘beating up’ customer.

Posted on December 22, 2016 by Staff Reporter

Yusuf Nurudeen, a tailor, on Thursday appeared in an Ikeja magistrates’ court for allegedly beating one of his customers to a pulp.

Nurudeen, 29, a resident of Ifako-Ijaye area of Lagos, pleaded not guilty to a charge of assault levelled against him.

Eruada Victor, the prosecutor, told the court that the accused beat up one Samson Sunday at Adewale Adigun Street, Karaole Estate, Ogba, Lagos, on December 8.

Victor said the complainant gave the accused his cloth to amend since March and deposited N500, but Nurudeen refused to comply with the agreement.

He said when Sunday confronted the tailor about his cloth, he got beaten and was left with an eye injury.

The prosecutor said the accused also tore the complainant’s T-shirt valued at N3,000.

According to him, the case was reported to the police and Nurudeen was apprehended.

He said the offence contravened section 171 of the criminal law of Lagos state, 2011, section 171 prescribes a three-year jail term for assault and harm.

Following the plea of the accused, G.O. Anifowoshe, the magistrate, granted him bail in the sum of N50,000, with one surety in like sum.

Anifowoshe said the surety must be gainfully employed and must show evidence of two years’ tax payment to the Lagos state government.

He adjourned the case till January 9, 2017.

My Husband Wants Divorce After Taking My Late Husband’s Possessions – Wife

Posted on December 22, 2016 by Staff Reporter

A 38-year-old woman, Amudalat Agboola, whose husband on Thursday approached a Lagos Island Customary for dissolution of their five-year-old marriage, has described her husband as a gold digger.

Amudalat, who owned a boutique but now seller hot drinks (paraga), told the court that her husband had collected all that she had and wanted to abandon her in the name of recession.

“I now sell `Paraga’ in the same shop I used to sell clothes from Turkey and Saudi Arabia,” she said.

She said that he tricked her into the marriage by lying to her that he was a Magistrate and would help her secure hers and late husband’s property from her in-laws.

“My husband lied to me that he was a Magistrate, but I got to know that he was a Court Registrar when he brought me to this court for dissolution.

“I met Agboola in 2010, he was the Community Development Association Chairman of Magboro Village in Mowe where my late husband and I built our four bedroom flat.

“He was chosen as part of a four-man delegate by the village to pay a condolence visit when my husband died.

“My late husband, Adulhakeem Aderoju and I met and got married in Saudi Arabia, where I was selling clothes and he was washing cars.

“We hustled together to buy landed property here in Nigeria. I later relocated here with our two daughters to establish my boutique business but he was still in Saudi.

“He got sick and came back to Nigeria and eventually died on Oct. 4, 2010, that was when my nightmare started.

“My mother and brother in-laws sold our two cars, raided the house while I was in the hospital with my husband and took gold jewellery and documents of our property.

“I only had the documents of the four bedroom flat that we occupy, which I was kidnapped by hired assassins and threatened to release but refused.

“I locked the house and started staying with my friend at Igbosere, that was where I saw Agboola again at the Magistrate Court.

“He said he heard all that happened to me and that if I moved close to people like him, as a Magistrate he would help me get back all my in-laws had taken from me.

“He persuaded me to go back to the house with my kids and said he would use the power of his office to put police men around the premises to guard us.

“On several occasions I have visited him at Igbosere Magistrates’ Court, he always come downstairs to see me all suited up, little did I know that he was a fraud,” she said.

Amudalat said that Agboola and her became close and promised to help me with the education of her daughters.

She said she was kidnapped and blindfolded the second time by hired killers who requested for the documents of the house but managed to escape.

“When I got home and told Agboola he said that he cannot risk his life to help me unless I marry him, so I agreed.

“My mother was not in support because she said his words were sugar quoted but I begged her to give her blessings.

“He later told me he was married and has four children. We got married on May 20, 2011, in Ilorin, my hometown.

“Two days after the wedding we came back to Lagos, when we got to Obalebde he packed the car and said he had an unpleasant news for me.

“He said he has not been able to secure an apartment for us, that the agent he paid returned the money and I have to squat at his friend’s house.

“I started staying at his friend’s house where he comes to see me. I later discovered I was pregnant.

“Agboola and I went to the house at Mowe to pack items such as two washing machine, plasma TV, gas cooker and generator.

“I never set my eyes on those items again, Agboola took them away.

“He later secured a one room apartment for me here in Lagos Island at Oshodi St., and he persuaded me to give my in-laws the key to the house which I refused.

“Agboola deserted me and my three children in the badly ventilated room which was also next to the toilet used by everyone in that house.

“Out of annoyance I wanted to return to my late husband’s house in Mowe but looked for the key I used to lockup the gate but could not find it.

“I called Agboola and he said he had given them to my in-laws, I almost went insane, that was the only property I had out of all my late husband and I worked to build.

“When I went to the house I learnt that it had been rented out by my in-laws, all effort to repossess the house proved abortive.

“Agboola does not come to see us again or carry out any responsibility on his child, all the promises he made to me were lies and I later discovered I was the third wife.

“On the day he promised to send money and I was expecting an alert was the day I was served by the court.

“He saw me as a widow and took advantage of that and the fact that I didn’t go to school, ” she said.

She prayed the court to help her recover all her items and her late husband’s property taken away and the one he conspired with her in-laws to take from her.

The husband, Abdulrasheed-Olakunle Agboola, a court registrar at the Isolo Magistrate’ Court, said that he wanted dissolution because of the present economic recession.

Agboola, who did not deny all that his wife had said, said he could no longer cope with the responsibility and that money was the cause of their problems.

He said he and his wife Amudalat were incompatible and that she sent him a text threatening him, so to avoid trouble he decided to come for dissolution.

The Court President, Mr Awos Awosola, said that Agboola who was in the best position to help the widow as an employee of the Lagos State Judiciary took advantage of her.

“You were in best position to help her secure her late husband’s property from her in-laws by telling her how to go about it through the Law but you used her.

“You changed her story from grace to grass, a boutique owner turned `Paraga’ seller, you took her from a four bedroom apartment to a `face me I face you’.

“This case will still be referred to a higher court because it is a case to impersonation and fraud.

“Now that you have wrecked her, you want to have nothing to do with her and you blame it on recession,” he said.

Awosola urged the two parties to maintain peace and adjourned the case to Jan. 1, 2017, for further hearing on the matter.

Court arraigns Teenager for ‘fingering’ minor.

Posted on December 21, 2016 by Staff Reporter

An 18-year-old boy, Kossy Nsofor, who allegedly fingered a minor, on Wednesday appeared before an Ikeja Chief Magistrates’ Court.

The accused, a secondary school student, who lives at Asiata Yusuf St., Ago Palace Way, Okota, suburb of Lagos, is tried for defilement.

The prosecutor, Insp. Simeon Inuoha, told the court that the offence was committed sometimes in November at the accused residence.

According to the prosecutor, the accused dipped his hand into the vagina of a 7-year-old neighbour’s daughter which led to her bleeding.

“It was one of the neighbours who heard the cry of the victim that caught the accused in the act,” he said.

The offence contravened Section 135 of the Criminal Law of Lagos State, 2011.

However, the accused pleaded not guilty.

The Chief Magistrate, Mrs B. O. Osunsanmi, granted the accused to a bail of N300,000 with two sureties in like sum.

Osunsanmi adjourned the case to April 6 for trial.

Court rejects Tompolo’s request to unblock his account

Posted on December 16, 2016 by Staff Reporter

The Warri Division of the Federal High Court, on Thursday, dismissed a fundamental rights enforcement application by a former Niger Delta militant leader, Government Ekpemupolo, alias Tompolo, challenging the freezing of his accounts and threats of arrest by the Economic and Financial Crimes Commission, EFCC.

Justice E. A. Obile upheld the preliminary objection by the EFCC in the matter and struck out the matter on the grounds that it could not sit on appeal over an order made by a Lagos State High Court.

The court also said it could not restrain the EFCC from inviting or prosecuting the applicants.

The Commission had in January filed a 40-count charge against Mr. Ekpemukpolo, ex-Director General of the Nigeria Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi and others over the alleged multibillion fraud at the agency.

Others charged alongside them are Global West Vessel Specialist Ltd, Odimiri Electrical Ltd, Kime Engozu, Boloboere Property and Estate Ltd, Rex Elem, Destre Consult Ltd, Gregory Mbonu, and Captain Warredi Enisuoh.

While Mr. Akpobolokemi has been appearing in court to answer to the charges, Mr. Ekpemukpolo has consistently shunned the court summons.

A federal court had, on January 14, issued a warrant for the arrest of the former militant leader after he shunned an invitation to appear before the court.

On February 8, Justice Ibrahim Buba renewed the arrest warrant? and a few days later, the EFCC declared Mr. Ekpemupolo wanted.

Mr. Ekpemukpolo however filed a suit challenging the allegations of fraud against him.

In the suit, filed on his behalf by a Lagos-based lawyer, Ebun-Olu Adegboruwa, the former militant leader contended that sections 221 and 306 of the Administration of Criminal Justice Act (ACJA) 2015, which prohibit him from seeking a stay of proceedings in his trial, were infringing on his constitutional rights to fair hearing.

He asked the court to nullify sections 221 and 306 of the ACJA and restrain the FG, EFCC and the Inspector General of Police from deploying those sections of the law against him.

Court orders senator to pay damages for slapping newspaper vendor

Posted on December 14, 2016 by Staff Reporter

A High Court in Uyo has ordered a former senator from Akwa Ibom State, Anietie Okon, to pay N100,000 as damages to a newspaper vendor, Ndifreke Etim, whom he assaulted last year in Uyo.

Mr. Etim, who walks around the city of Uyo, hawking newspapers, had told the court that Mr. Okon slapped him multiple times inside Government House, Uyo, in September last year.

The assault occurred around the state banquet hall where the vendor had gone with the hope of making quick sales during the swearing-in of a new chairman of Akwa Ibom State Council of Traditional Rulers.

Mr. Etim claimed that three able-bodied men, who may have been Mr. Okon’s bodyguards, stood by to watch as the former senator kept slapping him.

“When he finished slapping me, he accused me of stealing his wallet. But God knows I am not a thief, I sell newspapers to take care of myself and my family,” Mr. Etim had told PREMIUM TIMES in November, shortly after the incident.

“He didn’t even search me to see if I had his wallet on me or not.”

The victim, backed by the Newspaper Distributors Association of Nigeria, Akwa Ibom State chapter, filed a civil suit against the former senator.

“I didn’t really think of reporting the case to the police; I wanted it sorted out in court,” said the vendor.

The court, presided over by Justice Winifred Effiong, held that the action of the former senator was degrading, and that it was against Mr. Etim’s right to the dignity of his person as guaranteed by Section 34(1) of the 1999 Constitution of the Federal Republic of Nigeria, as well as the African Charter on human and people’s right.

The court, besides granting an order that Mr. Okon should pay N100,000 as damages to Mr. Etim, also granted an order of perpetual injunction, restraining the former senator or his agents from further breaching of the applicant’s fundamental human rights.

It also ordered the former senator to pay additional N50, 000 as cost of the litigation to Mr. Etim.

“I am glad that the court has been bold enough to tell the senator that what he did against me was wrong,” Mr. Etim told PREMIUM TIMES. “It’s not about the money.”

When contacted, the former senator, Mr. Okon, said he was yet to get a copy of the court judgment.

Mr. Etim was represented in the case by Ndianabasi Udofia, while Mr. Okon was represented by Esther Archibong.

VIDEO: “Buhari cannot jail me. Tell him; he is mad” – Nnamdi Kanu

Posted on December 14, 2016 by Staff Reporter

Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB) and director of Radio Biafra, says Nigeria will collapse when he gives his testimony in court.

Kanu, who spoke from the dock, said this in protest of Justice Binta Nyako’s decision to shield witnesses that would testify against him at her court.

“Buhari went on national television to accuse me in public and he wants to try me in secret. I will not allow myself to be subjected to this kind of trial,” he said.

“By the time I am through with my testimony there will be no Nigeria. What kind of secret trial? This is not a Sharia Court but common law court.”

Watch video of a visibly angry Nnamdi Kanu below:

https://www.youtube.com/watch?v=KEyKggPHjzY

Court orders EFCC to unblock Fayose’s account

Posted on December 13, 2016 by Staff Reporter

A Federal High Court in Abuja has ordered the Economic and Financial Crimes commission, EFCC, to unfreeze all currently blocked accounts belonging to Ekiti State governor, Ayodele Fayose.

The judge, Taiwo Taiwo, gave the ruling at about on Tuesday after considering the arguments of respective counsels on the matter.

The judge also said the decision of the commission to freeze the account, without considering first the arguments or opinion of Mr. Fayose on the matter, amounted to abuse of the defendant’s fundamental rights to fair hearing.

Mr. Taiwo said the act, as perpetrated by the EFCC, was illegal, wrongful and unconstitutional.

He noted that the defendant was a sitting governor who enjoys immunity as enshrined by the constitution and the decision of the EFCC to have acted as it did, amounted to a breach of the constitution.

Mr. Taiwo also ruled that the decision of the commission to freeze his account through the banks, without making Mr. Fayose a party to the process was illegal.

When PREMIUM TIMES contacted the spokesperson for the commission, Wilson Uwujaren, he said he had not seen the judgement.

“Buhari can’t intimidate me” – Nnamdi Kanu yells in Court.

Posted on December 13, 2016 by Staff Reporter

The leader of the Independent People of Biafra, Nnamdi Kanu, has accused President Muhammadu Buhari of lying, saying the president cannot intimidate him.

At a stormy court session on Tuesday, Mr. Kanu said the president can intimidate court judges, but not him.

“The president can intimidate the judges, but he cannot do that to me. Tell him he has lied,” said Mr. Kanu.

A Federal High Court in Abuja ruled on Tuesday on an application seeking the protection of witnesses in the ongoing trial of Mr. Kanu, and three others, David Nwawuisi, Benjamin Madubugwu and Chidiebere Onwudiwe, who are facing trial for alleged treasonable felony.

They were arraigned before Justice Binta Nyako after the first defendant said he had no confidence in the former judge, John Tsoho.

The court had adjourned the application for protection of witnesses to December 13.

Delivering the ruling, Mrs. Binta said the court would allow the witnesses some degree of protection.

“The counsels and the defendants will see the witnesses. The witnesses will have special entrances to and outside the court,” the judge said.

Mrs. Nyako also said the court would allow the witnesses to be shielded with screen-guards. She said the court would set aside two days for rehearsals on how the witnesses will come into the court and depart from the court.

After the ruling was given, Mr. Kanu said he would not allow himself to be given a secret trial in any way.

Raising his voice, Mr. Kanu said anything short of a public trial will not be allowed.

Mr. Kanu’s lawyer, Chux Muoma, warned his client to allow the counsel he employed to do his job without undue interference in court.

“Sit down! I am your counsel let me talk. I have not come all the way here to allow you speak for me in court,” said Mr. Muoma.

He apologised to the court afterwards. Counsel to the other defendants said they will make a formal application against the judgement. They said they were opposed to the ruling of the court.

Shortly after, the defendants began to clamour for an opportunity to speak to their lawyers.

The judge, Mrs. Nyako, warned the defendants to desist from making her court rowdy.

The judge said her ruling did not imply that the trial will be conducted in secret.

“It is not going to be a secret trial. The court will allow the defendants see the witnesses. The defendant counsel will also see the witnesses,” said Mrs. Nyako.

The defendants challenged that position again, drawing the judge’s warning.

“If you don’t stop talking in my court I will assume you are becoming a nuisance in my court. And if I assume so, I will continue this trial in your absence, so do not try my patience,” she said.

“When you are in my court you will do what I want. It’s like having a visitor in your house; you can serve the visitor food but if he wants to eat he will eat and if he doesn’t want to, he will not.”

After a brief recess, Mr. Kanu began to speak again.

“I will address this court! You cannot be killing my people and tell me that you will make me have a secret trial. That won’t happen! The president can intimidate the judges, but he cannot do that to me. Tell him he has lied,” said Mr. Kanu.

The other defendants soon joined in the voice of opposition against the court’s ruling and the session became rowdy.

The court clerks then told the people present in court that the session was over and that the matter would not continue again on Tuesday.

Outside the court, the IPOB supporters clashed with the security operatives while the latter tried to return Mr. Kanu and the other defendants to the vehicle that had brought them.

They kept shouting chants in support of the Biafran State, after the vehicles carrying the defendants zoomed off on top speed.

UPDATE: Justice Ademola, wife, in the dock over N248m corruption charge

Posted on December 13, 2016 by Staff Reporter

The federal government on Tuesday arraigned Adeniyi Ademola, a serving judge, and his wife, Olubowale, before an Abuja high court.

Ademola and his wife, who is the Lagos state head of service, were brought before Jude Okeke on a 15-count charge of corruption to the tune of N248m.

Both accused persons were in the dock as proceedings started.

The Ademolas are also alleged to have received $520, 000 as gratification from some law firms between 2013 and 2016.

Ademola is one of the seven judges who were arrested on October 8 by the Department of State Services (DSS) on allegations of corruption.

Sylvester Ngwuta, a supreme court judge, who was also arrested, was arraigned before a federal high court in November.

The government has lined up at least four witnesses that will testify against the Ademolas?.

Five witnesses to testify against Justice Ngwuta

Posted on December 8, 2016 by Staff Reporter

Justice Sylvester Ngwuta of the Supreme Court, who is facing 16-count charge bordering on money laundering, age falsification and alleged illegal possession of multiple international passports, Wednesday, told a Federal High Court in Abuja that he was not ready for trial.

Ngwuta, who was docked before the high court on November 21 and subsequently granted bail to the tune of N100 million, pleaded for an adjournment to enable him adequately prepare his defence to allegations the Federal Government levelled against him.

The embattled jurist made the application on a day the prosecution, led by a former attorney at the International Criminal Court of Justice, ICC, Charles Adeogun-Philips, disclosed that three witnesses were in court to enter evidence against him. “My lord, we are ready to open our case today. Our witnesses are in court and we have all our arsenals ready,” the prosecution told the court.

However, Ngwuta’s lawyer, Chief Kanu Agabi, SAN, who was formerly an Attorney General of the Federation and Minister of Justice, insisted that his client would need more time and facilities to prepare for his defence.

“My lord, we are anxious for this matter to commence so that we will know our fate. However, we will be pleading with your lordship to grant us an adjournment so that we can be fully prepared. We have so many documents yet to access. Under the constitution, the defendant requires adequate time to prepare for his defence. The matter cannot even go on tomorrow as earlier stated, because we still have a lot of work to do.”

He also prayed the court to direct the prosecution to furnish him with all the documents he intends to adduce in the course of the trial. “My lord, you heard the prosecution describe it as an arsenal. We became afraid when he made that statement”, Agabi stated.

The prosecution counsel, however, urged the court to refuse the adjournment request and okay the matter for immediate trial. “My lord, I am terribly astonished by my friend’s application this morning. This matter was fixed by consent of parties on November 21. May I also draw your lordship’s attention to Section 396(3) of the Administration of Criminal Justice Act, ACJA, 2015, which makes provision for day-to-day trial of the defendant.

“Also bearing in mind that the front loading procedure of this court requires that all evidence must be adduced before hand and also served on the defence. There is nothing materially different to warrant an adjournment. So I will be asking my lord to reject the application.

“I also want to refer my lord to the practice direction of this court. My lord, this is indeed a high profile trial and there is need for expediency,” Adeogun-Philips submitted.

He further decried the fact that a great amount of resources was expended to bring the three witnesses to court for the trial to commence and urged the court to allow the prosecution to open its case and then adjourn to enable the defence to cross-examine the witnesses later.

Nevertheless, Agabi, SAN, pointed out that under the ACJA, his client was entitled to five adjournment requests. “I appreciate the sacrifices made by the prosecution. But it is a sacrifice made in the interest of justice. We have to come prepared. May I refer your lordship to Section 396 (4) of the ACJA. It said where day-to-day trial is practicable, we are entitled to five adjournments, but after today, we won’t ask for another.

“Let us also not overlook provisions of the constitution in section 36(6) which allows for adequate time and facilities to be given to anyone charged to court to prepare his defence. The State is supposed to give us facilities. The application is made in good faith.”

The prosecution immediately countered him, saying: “My lord, the right that accrues to the accused is to prepare his defence. Section 396(4) of ACJA only made reference to when day-to-day trial is impracticable. They have not demonstrated that to this court. So I do not really see why my friend on the other side does not want this case to go on today.”

In a bench ruling, trial Justice John Tsoho noted that section 396(4) of the ACJA indeed made provision for a maximum adjournment of five times. The judge stressed that section 36(6) of the 1999 constitution which allows a defence to have adequate time and facilities to prepare his defence, has a wider scope, saying it also encompasses the mental preparedness of an accused to stand trial.

“Viewed towards this perspective, this court is inclined to grant the request of the defence counsel,” Justice Tsoho held, noting that it was the first indulgence sought by the defendant. He further held that section 36 of the Constitution overrides the provision of section 396 of the ACJA.

The matter was eventually adjourned till January 18 and 23, 2017, for trial. FG had earlier opposed Ngwuta’s release on bail, stressing that he has the capacity to interfere with some of the witnesses billed to testify against him before the court.

The government told the court that shortly after Ngwuta was granted administrative bail by the DSS, he quickly called one of the proposed witnesses to help him conceal some of the evidence against him, including N27 million he hid in his bathroom at Abakaliki in Ebonyi State.

In a 29-paragraphed counter-affidavit deposed to by one Ganau Noma Wando, FG further told the court that barely 20 minutes after Justice Ngwuta was released from DSS custody, he called one of the key witnesses, Nwamba Linus Chukwuebuka, to go to his house in Abakaliki and dispose the money and cars there.

“The first instruction was ‘Go and get rid of those cars.’ The second instruction was ‘go into my bathroom at my residence where you will find two or three bags, get rid of them immediately.’ “If the witness had got into the bathroom and found bags stuffed with newspapers, we won’t be raising this objection today. But the bags contained N27m which they removed from the defendant’s residence to another place. We could not even find it again.”

The prosecution also told the court that the defendant equally removed three exotic cars from his residence in his home town. “As at October 9, the defendant was already aware that he was subject of investigation by the DSS. In fact, he had been in their custody for two nights and was interviewed for that 48 hours. He was aware that the subject matter of the items removed from his residence at Abakaliki would have been of interest to this investigation. This has put me in a very difficult situation, so much so that the defendant is charged with interference in count three.

“In count 10- 16 in the charges, the defendant was alleged to have maintained multiple identities. My lord, in any jurisdiction in the world, if a person is found to have multiple identities, I cannot but object to his release on self recognition or being released at all. On October 8, a day before the call was made to Abakaliki, the defendant was found with four valid passports. Two of them were diplomatic passports while two were standard passports.

“Now we are confronted with such acts of dishonesty, with offences committed whilst in administrative bail. “It is not enough that he was found with four passports, but the NIS confirmed that he was using the passports concurrently and interchangeably. We only found four, there might be others. How do we know? When we searched his residence in Abuja, we didn’t know there was N27m in his bathroom at his private residence located at Engineering Close, Off Onwe Road, Abakaliki Ebonyi State,” the prosecution counsel added.

He told the court that the witness, Nwamba, initially hid the bag that contained the N27m cash at the residence of one Abraham Ezeani in Abakaliki, saying the money “was subsequently dissipated by Mr Nwamba on the direct instructions of the defendant/applicant.” It listed the three exotic cars that Ngwuta allegedly attempted to conceal, as a Hummer Jeep Sports Utility Vehicle, Wrangler Jeep Sports Utility Vehicle and a BMW 5 Series Sedan Vehicle which it said was quickly moved by the defendant to Clevero Hotel in Abakaliki, Ebonyi State.

FG said the properties which it maintained were derived from the proceeds of an unlawful act, were all subsequently recovered by investigators on November 11, following Nwamba’s arrest, weeks after the defendant had been released on administrative bail.

“That the sheer amount of raw cash either found on and/or concealed by the Defendant/Applicant following his arrest by the DSS, is indicative of the fact that he is a man of immense financial means and is sufficient ground for believing that if released on bail, he possesses the material ability to abscond and consequently not surrender himself for trial.

“That in view of the foregoing, despite his position as a serving Justice of the Supreme Court bench, it cannot be said that the Defendant/Applicant conduct as outlined above, is that of a law abiding Nigerian citizen who will surrender himself to the court for trial”, FG argued.

Nevertheless, in his ruling, Justice Tsoho noted that despite allegations FG raised against Ngwuta in the counter-affidavit, it still did not revoke the administrative bail it previously gave the defendant through the DSS.

He said there was room for such bail to be revoked once the person it was granted to was seen to have breached it in anyway. Besides, the Judge said it was no longer secret that security agencies have been monitoring the defendant since the day he was released from custody. He held that the objection by the prosecution was founded on theories of what the defendant would likely do if granted bail, saying he was of the view that the FG has the security apparatus to circumvent whatever action the defendant could take to scuttle his trial.

“Consequently, this court is minded to grant the defendant bail in the sum of N100m on his personal recognition having regard to his status as a Justice of the Supreme Court of Nigeria”, Justice Tsoho held. The sting operation It will be recalled that Justice Ngwuta was among seven superior court judges that were arrested between October 7 and 8, after the DSS raided their homes in what it termed “a sting operation”.

He was in the amended charge marked FHC/ABJ/C/232, and signed by a Principal State Counsel, Hajara H. Yusuf, alleged to have among other offences, stashed foreign currencies in his Abuja home. FG said the DSS, at the end of the search operation conducted at Ngwuta’s official residence, recovered several sums of cash, including the sum of Thirsty Five Million, Three Hundred and Fifty-Eight Thousand Naira (NGN35,358,000.00); Three Hundred and Nineteen Thousand, Five Hundred and Ninety- Six United States Dollars ($319,596.00). Also recovered were Twenty-Five Thousand Nine Hundred and Fifteen Pounds Sterling (GBP 25,915) and Two Hundred and Eighty Euros (EURO 280.00).

It said the search also revealed about four Diplomatic passports, one official and two standard Nigerian passports all in the name of the defendant. FG told the court that the DSS executed a search warrant at Justice Ngwuta’s home on October 8, following series of allegations of corruption that were levelled against him.

Documents revealed that FG has lined-up five witnesses that will testify against Ngwuta. The witnesses are Aminu N Ibrahim, who is to testify on the search conducted on the defendant’s residence on or about 7/8 October, Ngo Awoikiega, who will testify on the investigation/ interrogation of the Defendant.

Others are Tanko Nuhu Kutana, an Immigration Officer who will testify on the multiple Diplomatic and Standard Nigerian Passports obtained by the Defendant. Ogudu Nwadire will tell the court how as an Architect to the defendant between 2014 and 2016, he handled several projects for which he received cash payments totalling $100,000.00. While Nwamba Linus Chukwuebuka will testify on how as a building contractor to the defendant between 2014 and 2016, he handled several projects for which he received cash payments from the Defendant totalling $1,000,000.00. The DSS official responsible for the investigation of the case, Bamai Abu Nehemiah, had deposed an affidavit of completion of investigation into the matter.

According to him, “That I was informed by Hajara H. Yusuf, a Principal State Counsel in the Department of Public Prosecutions of the Federation at her office at the Federal Ministry of Justice, Abuja, FCT, on Monday, 18th day of October, 2016 at about 12 noon that it is the opinion of the Department of Public Prosecution that the investigations conducted in this case has so far revealed a prima facie case against the Defendant”.

$15.5 million Fraud: Court adjourns Patience Jonathan’s suit to 2017

Posted on December 7, 2016 by Staff Reporter

Justice Mohammed Idris of a Federal High Court Lagos, on Wednesday, further adjourned till January 18, 2017, hearing in a suit by ex-first lady, Patience Jonathan, seeking enforcement of her fundamental rights.

Mrs. Jonathan had instituted the fundamental rights suit against the Economic and Financial Crimes Commission, EFCC, claiming the sum of $200 million as damages for inconveniences suffered.

In her suit, she also joined Skye bank Plc, and a former aide to ex-president Goodluck Jonathan, Warampo Dudafa, as respondents.

Also joined in the suit are four companies namely: Pluto Property Ltd, Seagate Property Development and Investment Company Ltd, Transocean company Ltd and Globus Integrated Service Ltd.

When the case was called on Wednesday, counsel to Mrs. Jonathan, Ifedayo Adedipe, informed the court of a motion seeking to regularise his processes before the court.

Justice Idris granted him leave to amend his processes, while the court also granted leave to the EFCC to amend its counter affidavit.

The court consequently fixed January 18, 2017 for continuation of hearing.

Meanwhile, a similar suit before another judge, Babs Kuewumi, has also been fixed for hearing on December 14.

It will be recalled that Mr. Dudafa was charged alongside the four companies before Justice Kuewumi on 15 counts of money laundering.

Representatives of the four companies which the EFCC claimed were used by Mr. Dudafa to launder the said sum of money, had all pleaded guilty to the offences.

The said $15.5 million, is the same sum which the former first lady, claims belongs to her as sole signatory to the accounts of the companies.

In her suit, Jonathan is urging the court to issue an order discharging the freezing order, and restraining the EFCC and its agent from further placing a freezing order on the said accounts.

Defamation: Court strikes out Buhari’s suit against AIT

Posted on December 7, 2016 by Staff Reporter

The Federal High Court on Wednesday in Abuja struck out defamation suit filed by President Muhammadu Buhari against DAAR Communications, operators of the African Independent Television, AIT.

Justice John Tsoho held that the court was compelled to strike out the suit because it appeared abandoned.

According to him, no representations from the parties have been entered since the matter was assigned to the court.

“This is against the rules of court, all opportunities given for the plaintiff and the respondents to put life in the suit have failed. The suit is hereby struck out,” Mr. Tsoho said.

Mr. Buhari had filed the suit in 2015 challenging the documentary transmitted by the station allegedly aimed at defaming his character in the eyes of the public.

The president averred that the video documentary aired by the television station was aimed at giving him away as a dictator and religious bigot.

He also averred that the documentary was also shown on the state-owned Nigerian Television Authority, NTA.

The News Agency of Nigeria reports that before the action, the APC national leadership had written to the two stations describing the video as fabricated and defamatory.

Subsequently, the presidential candidate of the APC, as he was then, approached the court with the suit.

The DAAR Communication is owned by a chieftain of the PDP, Raymond Dokpesi.

FG presses fresh charges against Justice Ademola

Posted on December 6, 2016 by Staff Reporter

The Federal Government has preferred fresh charges against Justice Adeniyi Ademola of a Federal High Court in Abuja and his wife, Olabowale, who is the Head of Service of Lagos State, before a High Court of the Federal Capital Territory, Maitama, Abuja.

The prosecution amended the charges it filed on December 1, 2016 bringing the original 14 counts down to 11.

While some of the old counts have been dropped, fresh ones including receiving a car worth N8.5m as gratification from a senior lawyer, Mr. Joe Agi, and being in possession of two rifles without valid licences have been preferred against the judge.

The trial judge, Justice Jude Okeke, on Monday, fixed December 13, 2016 for the arraignment of the defendants.

Like the old set of charges, Justice Ademola and his wife were accused in the fresh counts of conspiracy and receiving gratification of N30m from Joe Agi and Associates between March 11 and March 26, 2015.

The prosecution also accused the judge of “dealing with property subject matter of an offence” by transferring N85m and N90m, totalling N175m to Franco Dan Parker on February 24, 2014.

Both offences were said to be contrary to section 24 of the Corrupt Practices and other related offences Act, 2000 and punishable under the same law.

The judge was also accused of attempting to receive gratification in the sum of N25m from one Sani Shaibu Teidi on February 21, 2014.

He was also said to have, on January 5, 2015, in his capacity as a public servant, “corruptly received from Joe Odey Agi, a BMW Saloon 320i valued at N8,500,000, through your son, Ademide Ademola, as gratification in the exercise of your official functions as the judge of the Federal High Court of Nigeria”.

The offences relating to gratification were said to be contrary to section 8(1) (a) of the Corrupt Practices and other related offences Act, 2000.

The judge was also said to have, on October 7, 2016, had in his possession “one Pump Action Rifle with serial number AVAR MAGNUM 6084 without a valid licence and thereby committed an offence contrary to section 3 of the Robbery and Firearms (Special Provisions) Act, 2004”.

He was said to have, on the same date of October 7, 2016, had in his possession another Pump Action Rifle with serial number AVAR MAGNUM 6284 without a valid licence.

In the last count, he was accused of having in his possession on the same date of October 7, 2014, “35 rounds of live ammunition (cartridges) without a valid licence and thereby committed an offence contrary to section 3 of the Robbery and Firearms (Special Provisions) Act, 2004”.

The defendants were scheduled to be arraigned on Monday but they were absent because they had not been served with the charges.

Justice Okeke adjourned the matter till December 13, 2016, after the defendants’ lawyer, Mr. Jeph Njikonye, volunteered to accept service on behalf of his clients.

Lead prosecuting counsel, Mr. Segun Jegede, had told the court that bailiffs attempted to serve the couple with the charges but they were said to have travelled to Lagos.

He said he was going to ask the court to give an order for service on the defendants through substituted means but that was no longer necessary as the defence counsel had approached him before the proceedings commenced and volunteered to accept service on behalf of the defendants.

Jegede urged the court to grant leave to serve the defendants through their lawyer on the strength of section 382(5) of the Administration of Criminal Justice Act.

Although Njikonye expressed readiness to accept service on behalf of his clients, he said was not aware of attempts to serve the couple personally and, as such, section 382(5) of the ACJA was not applicable in the matter.

The defence lawyer, however, submitted that the court under its inherent powers could grant the leave for service.

Justice Okeke, in his ruling, said record showed that a court bailiff attempted to serve the defendants in Abuja, on December 2, but were said to have travelled to Lagos.

He proceeded to grant leave enabling the defendants to be served through their lawyer as provided for under section 382(5) of ACJA.

Earlier, the Director of Public Prosecutions of the Federation, Mr. Mohammed Umar, announced that the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, had authorised Jegede to lead the prosecution team.

The DPPF said, “The Attorney General of the Federation, in exercise of his power under section 174 of the constitution and section 104(2) of the Administration of Criminal Justice Act, has authorised Mr. Segun Jegede to lead the prosecution of this case.”

Jegede is a former prosecutor at the United Nations International Criminal Tribunal for Rwanda.

According to online encyclopaedia, Wikipedia, Jegede worked at the UNICTR for over a decade.

His work at the UNICTR “mainly revolved around the investigation and prosecution of some of the known masterminds of the egregious crimes committed during the Rwandan genocide”.

The Rwandan genocide, which lasted about 100 days in 1994, was a mass slaughter of the Tutsi ethnic minority group in Rwanda by the Hutu ethnic majority group.

Jegede was also said to have had a stint at the Federal Ministry of Justice as a state counsel before going into private legal practice and subsequently establishing his own law firm in 1988.

Upon taking over the case from the DPPF on Monday, Jegede announced that he was going to withdraw the old charges filed on November 14, 2016, and replace them with the set filed on December 1, 2016.

Justice Okeke granted the prayer and struck out the old charges filed on December 1.

El-Zakzaky: Protest In Abuja Over Court Judgement

Posted on December 5, 2016 by Staff Reporter

A group of protesters stormed the Abuja division of the Federal High Court against the judgement of Justice Gabriel Kolawole that the detained leader of the Shiite Islamic Movement in Nigeria (IMN), Sheik Ibraheem El-Zakzaky be released unconditionally.

Operating under the umbrella of the Coalition on Good Governance and Change Initiative (CGGCI), they aggrieved protesters condemned the judgement describing as “a dangerous precedence would have on law enforcement, security, anti-terror fight, terrorism, extremism and secessionist movements in Nigeria.”

National Chairman of the group, Okpokwu Ogenyi, said the judiciary has dealt a fresh blow to the future of Nigeria by legalizing terrorism while leaving the rest of the people at risk of losing our lives.

Ogenyi who described the judgement as ridiculous, wondered how the judge could order the release of a person believed to be a security risk to the society through his extreme brand of foreign-backed Islamic radicalization programme.

“Nigerians are ever ready to do the needful in safeguarding the future of our dear nation and hence would demand that Justice Kolawole be investigated by the National Judicial Council (NJC).

This could have only been in keeping with fulfilling obligations entered into for less than honourable considerations even as we cannot rule out a judiciary that is taking its pound of flesh from an executive arm that has exposed the sleaze on its soiled bench.

“If the entire judiciary has activated its vendetta against the security agencies that they see as the executive arm, the precedence set by Justice Gabriel Kolawole took things to the ridiculous by awarding N50 million of tax payers’money to finance IMN’s radicalisation programme while also asking that the police further deploy its personnel to protect a man whose sect members would invariably kill like they had killed soldiers and policemen in recent past.

This judge also failed to realize the weight of his utterance that has basically ordered the government to build a new headquarters for a proscribed group – we do hope he will keep himself on the bench for when other terror groups approach to demand for the government to build them headquarters.

“The house demolished in Gyellesu, on which the directive to build a new one for this demagogue, originally belonged to Alhaji Ismail Gwarzo the DG NSO under late General Sani Abacha. El-Zakyzaky was given the seized house by Gen Abdulsalam because people of Babban Dodo had at time also rebelled against IMN occupation which made them to burn his initial hub after he was released from another arrest for insurrection.”

The group said Justice Kolawole had murdered sleep with his ruling adding that he did this confidently because security agencies under obligation use taxpayers’ money to protect him and other judges who do not know the magnitude of the threat that terrorism poses to citizens.

Credit:http://sunnewsonline.com/el-zakzaky-protest-in-abuja-over-court-judgement/

Abia guber crisis: A’Court declines judgment on Nwosu, Ikpeazu’s suit

Posted on December 5, 2016 by Staff Reporter

A five-man panel of the Court of Appeal sitting at Owerri Division, has declined judgment on the appeal, CA/190/ 2016, filed by Sir Friday Nwosu against the July 8, 2016 judgment of the Federal High Court, Owerri, delivered by Justice Ambrose Allagoa, which cleared Governor Okezie Ikpeazu of alleged submission of forged tax documents and false information.

Presiding judge, Justice R. C. Agbo, held that his panel could not hear and decide Nwosu’s suit in view of the appeal, SC/739/2016, Sir Friday Nwosu vs Uche Ogah, PDP, Okezie Ikpeazu and INEC, pending at the Supreme Court.

Other members of the panel, Justices J.O.K. Oyewole, Muhammed L. Shuaibu, Joseph E. Ekanem and Muhammed Mustapha, agreed with the ruling.

“You should go to the Supreme Court and leave us alone,” Justice Agbo ruled.

Counsel to the 1st respondent in the suit, PDP, Dr. Livy Uzoukwu, SAN, had asked the Court to suspend hearing on the matter because one of the appeals filed by Nwosu at the Supreme Court was similar to the suit before the Court of Appeal.

But Nwosu’s lead Counsel, Frank Unyimadu, stated that Nwosu’s appeal at the Supreme Court was in respect of abuse of court processes which the 4th respondent in the suit, Dr. Uche Ogah, had committed by being a defendant in Nwosu’s suit, and allegedly photocopied documents and exhibits served on him by Nwosu to file another suit.

Arguing further on the differences between the two appeals filed by Nwosu at the Supreme Court and the Court of Appeal, Unyimadu who agreed that the main issue for determination remained who was the lawful candidate of the PDP in the 2015 governorship election in Abia state, described Ogah’s suit as incompetent, stressing that he failed to serve Nwosu even when the Federal High Court ordered him to do so which rendered his suit an abuse of court process.

Counsel to the 2nd (INEC), 3rd (Dr. Okezie Ikpeazu) and 4th (Dr. Uche Ogah) respondents, Jude Nnodum, SAN, Theo Nkire and O.J. Nnadi, SAN, respectively, agreed with the submissions of the PDP counsel, Dr. Livy Uzoukwu, SAN, that the suit filed by Nwosu at the Court of Appeal was similar to the one he also filed at the apex court.

BREAKING: Court orders immediate release of Nigeria Shi’a leader, El-Zakzaky

Posted on December 2, 2016 by Staff Reporter

An Abuja Division of the Federal High Court on Friday ordered the release of the leader of the Shi’a Islamic Movement in Nigeria, Ibrahim El-Zakzaky.

Mr. El-Zakzaky was arrested by the military on December 14, 2015, after a clash between the movement and officers of the Nigerian army.

The army killed at least 347 members of the group.

Mr. El-Zakzaky approached the court to demand his release, months after he was arrested without being charged to Court.

He asked the Court to declare that his arrest and continued detention violated his fundamental rights.

His lawyer, Femi Falana, said the court should declare that the continued detention of his client without charging him, was unlawful.

Delivering the judgement, Justice Gabriel Kolawole, rejected the submission of the counsel to the State Security Service, Tijjani Gazali, that Mr. El-Zakzaky was kept in protective custody of the SSS.

He said the decision to hold the Islamic cleric and his wife for their safety was not based on law.

“I have not been shown any incident report or any complaint lodged by residents around the neighbourhood that the applicant has become a nuisance to his neigbourhood,” said the judge.

He said the decision of the government to hold the applicant for so long amounted to great danger.

Citing the death of former leader of the Boko Haram leader, Mohammed Yusuf, the judge said; “If the applicant dies in custody which I do not pray for, it could result in many needless deaths”.

Mr. Kolawole said the government should within 45 days release the applicant and his family to the police, who shall within 24 hours take them, guarded by escort, to a safe place.

He added that the SSS will pay a fine of N25 million each to Mr. El-Zakzaky and his wife, making N50 million.

Court fixes date to hear appeals by unjustly dismissed soldiers.

Posted on December 1, 2016 by Staff Reporter

The National Industrial Court has finally assigned the cases between Army officers and the Nigerian military to judges, months after the military authorities refused to enter appearance to defend their action.

The army officers were unjustly dismissed from service without query or indictment.

The assignment to judges, authoritatively confirmed by PREMIUM TIMES, followed our report of November 22 on the failure of the military to file for defence before the court and the consequent accusations of deliberately shunning the court and frustrating the applicants’ push for justice.

Under the procedures and rules of Nigeria’s industrial court, respondents are obligated to file defence within 14 days of receiving originating processes. In this particular case, court records revealed, military authorities, including the Defence Minister, Chief of Army Staff and the Chief of Defence Staff, were served on August 15, over three months ago.

One of the affected officers, Abdulfatai Mohammed, had on October 18, over two months after he approached the court for redress, filed a fresh motion seeking accelerated hearing, relying on Order 8 rule 5(1) of the Court, because “clearly the intention of the defendants is to delay the hearing of this case by dilatory tactics.”

“Where a defendant or respondent fails to file a Memorandum of Appearance within the stipulated time, or fails to file appropriate processes in defence of the action within the prescribed time, and fails to file a declaration of intention not to defend an action, the court may proceed and hear the matter and give judgement,” the referenced court rule states.

Over a month after the fresh application – and more than three months after the original suit was filed – the NIC has now assigned Mr. Mohammed’s case and those of other affected officers who approached the court.

Others whose cases have been assigned to different judges are Abubakar Mohammed, D.B. Dazang, O. Nwankwo, T. Minimah and M.A. Suleiman, with hearing fixed to commence on January 16 and 17.

“No Response from President Buhari after Five Months”

Apart from approaching the industrial court for redress, 22 of the 38 officers compulsorily retired in June also relied on the Paragraph 09.02(e) of the Harmonised Terms and Conditions of Service for Officers to petition President Muhammadu Buhari, asking for reinstatement.

The Armed Forces rules provide that such petition be forwarded to the President through the Chief of Defence Staff within the thirty days prescribed by the rules.

But about five months after the 22 officers turned in their appeals to the President through the Chief of Defence Staff, there has not been any response, leaving them uncertain of their fates.

As some of them suspected the Chief of Defence Staff may not have transmitted their appeals to the President, they approached the National Industrial Court, seeking mandamus that the military authorities be compelled to show evidence of delivery to the President.

Although PREMIUM TIMES saw a July letter by the Chief of Defence Staff conveying the appeals of the 22 officers to the President, Mr. Mohammed, one of the affected officers, insisted it was not enough evidence of transmission and asked the military for a received copy.

As the president keeps mum and the Army continues to ignore the court, the officers will now turn their attention to the industrial court where hearing continues on January 16 and 17. The matter is to heard by three judges including Babatunde Adejumo, who is the president of the court, and Rakiya Hastruup.

Court Jails Herdsmen For Alleged Kidnapping

Posted on November 30, 2016 by Staff Reporter

Two herdsmen, Usman Muhammed and Manu Saleh, on Wednesday appeared before a Wuse Zone 2 Chief Magistrates’ Court in Abuja over alleged kidnapping.

They were later remanded in prison custody pending police investigation. Muhammed and Saleh of Gwagwalada Village, Abuja, were arraigned on three-count charge of criminal conspiracy, causing grievous hurt and kidnapping.

The Senior Magistrate, Mohammed Tahir, gave the order for the defendants to be remanded and adjourned hearing till December 8.

Earlier, the Prosecutor, Gambo Musa, told the court that one Saidu Adamu, of Gwagwalada village, Abuja, reported the matter at the Nigeria Mobile Police (Mopol) team in Abuja on Nov. 21.

Musa said that the defendants kidnapped the complainant and his son sometimes in October.He said that the defendants later released the complainant in order to source for the ransom demanded for his son’s release.

The prosecutor added that the complainant’s son also managed to escape. He said that on Nov. 18, the defendants came back to the complainant’s house, hit his hand and head with cutlass and kidnapped his wife.

Musa, said that the defendants kept the complainant’s wife in the bush for two days and demanded for N1million ransom until she managed to escape.

He said that the phone used by the duo in demanding for the ransom was recovered from them during police investigations.

The prosecutor said that the offence contravened Sections 97, 247 and 273 of the Penal Code.

Credit: NAN

Court remands 2 herdsmen for alleged kidnapping.

Posted on November 30, 2016 by Staff Reporter

Two herdsmen, Usman Muhammed and Manu Saleh, on Wednesday appeared before a Wuse Zone 2 Chief Magistrates’ Court in Abuja over alleged kidnapping.

They were later remanded in prison custody pending police investigation.

Messrs. Muhammed and Saleh of Gwagwalada Village, Abuja, were arraigned on three-count charge of criminal conspiracy, causing grievous hurt and kidnapping.

The Senior Magistrate, Mohammed Tahir, gave the order for the defendants to be remanded and adjourned hearing till December 8.

Earlier, the Prosecutor, Gambo Musa, told the court that one Saidu Adamu of Gwagwalada village, Abuja, reported the matter at the Nigeria Mobile Police (Mopol) team in Abuja on November 21.

Mr. Musa said that the defendants kidnapped the complainant and his son sometimes in October.
He said that the defendants later released the complainant in order to source for the ransom demanded for his son’s release.

The prosecutor added that the complainant’s son also managed to escape.
He said that on November 18, the defendants came back to the complainant’s house, hit his hand and head with cutlass and kidnapped his wife.

Mr. Musa, said that the defendants kept the complainant’s wife in the bush for two days and demanded for N1million ransom until she managed to escape.

He said that the phone used by the duo in demanding for the ransom was recovered from them during police investigations.

The prosecutor said that the offence contravened Sections 97, 247 and 273 of the Penal Code.

Court summons Ekiti Speaker for disobeying order to swear in member

Posted on November 30, 2016 by Staff Reporter

A Federal High Court in Ado Ekiti on Tuesday ordered the Speaker of Ekiti State House of Assembly, Kola Oluwawole, to appear before it on December 7 to explain why he should not be committed for contempt after he refused to obey an order by the court to swear in a member-elect, Toyin Obayemi.

The Judge, Taiwo Taiwo, ruled that the Speaker must comply with his order to inaugurate Mr. Obayemi as member representing Ado Ekiti Constituency 1, which was delivered on July 4.

He said failure to comply with the order would result in appropriate steps by the court to protect its integrity and powers.

Mr. Obayemi is preferring a contempt charge against the House Speaker, for
disobeying the court order that he be sworn in.

Mr. Obayemi is expected to replace Musa Arogundade who was removed by the
court. The court ordered Mr. Arogundade to refund all salaries and allowances collected since June 5 when the Fifth Assembly was inaugurated.

The court, while annulling Mr. Arogundade’s election, ordered the Independent National Electoral Commission, INEC, to issue Mr. Obayemi a Certificate of Return.

“The Speaker must obey the order of this court, the proper things should be done,” the judge said.

“For the avoidance of doubt, the Speaker should consult with his counsel against the next adjourned date most especially as court record shows that he has been served.

“I will never be intimidated by anybody, somebody was here before. Even if I die the Bench lives on.”

He subsequently adjourned the case till December 7 for further hearing.

Earlier, the counsel to the member-elect, Olayinka Sokoya, told the court that he received a letter from the law chambers of a Senior Advocate, Mike Ozekhome, dated November 18, a day after the last day of sitting.

Mr. Sokoya explained that Mr. Ozekhome, who is seeking to take over the defence
of Mr. Oluwawole, is praying the court for an adjournment of the case.

I Helped Justice Ofili-Ajumogobia Move Cash From Court – Banker

Posted on November 29, 2016 by Staff Reporter

An official of Diamond Bank Plc, Ademola Oshodi, told a Lagos State High Court in Ikeja on Monday that he managed the bank account of Justice Rita Ofili-Ajumogobia numbered 0032091183 domiciled in the bank.

Oshodi told the court that he regularly visited Ofiili-Ajumogobia’s chamber on the premises of the Federal High Court on Oyinkan Abayomi Drive, Ikoyi, Lagos, to collect huge cash sums for onward deposit into the judge’s account.

The banker said whenever the money was above the lawful threshold that could be deposited into the judge’s account, he split it into two, deposited a portion into Ofili-Ajumogobia’s account and the remaining portion into his own personal account.

He explained that he would subsequently transfer the money from his personal account into the judge’s account.

He added that, at a time, he had to help the judge get a Bureau de Change operator named, Abah Said, who helped her to convert naira into US dollars whenever the judge was not comfortable with the normal mode of transaction.

Oshodi said this on Monday when he appeared as a prosecution witness before Justice Hakeem Oshodi of a Lagos State High Court in Ikeja, where Justice Ofili-Ajumogobia was arraigned alongside Chief Godwin Obla (SAN) for alleged bribery and unlawful enrichment.

N4.7billion laundering: Court refuses to order Ladoja’s arrest.

Posted on November 25, 2016 by Staff Reporter

A Federal High Court in Lagos on Friday refused to issue a warrant for the arrest of a former governor of Oyo State, Rasheed Ladoja, following his presence in court.

At the last adjourned date on Nov. 21, the Economic and Financial Crimes Commission (EFCC) had urged the court to issue a bench warrant against Mr. Ladoja for failing to appear in court, to answer to a N4.7 billion money laundering charges preferred against him.

Mr. Ladoja’s counsel, Bolaji Onilenla, in his reactions to the application for a warrant of arrest, had told the court that he was not aware that the business of the day was for arraignment.

He had argued that this was so because there was a pending appeal before the Supreme Court.

Mr. Onilenla informed the court that after the decision of the Court of Appeal, Mr. Ladoja had changed his counsel, and then, filed an appeal at the Supreme Court.

He said neither the accused nor their counsel was served with any court summons to appear in court.

Mr. Onilenla had also challenged the prosecutorial powers of the prosecutor on the grounds that the fiat to prosecute was exclusively given to Festus Keyamo.

He said that such a fiat could not be transferred to any other person in his chambers.

The counsel also disclosed that the Supreme Court had earlier dismissed Mr. Ladoja’s appeal pursuant to Order 6; Rule 3 of the Procedure Rules, but that the application had been filed to restore the appeal.

He added that to continue with the trial would amount to showing disrespect to the apex court and it would be an infringement on the rights of the accused.

The judge, Justice Mohammed Idris, delivering his ruling on the issue on Friday, held that he would not make any orders as to arrest since the accused was present in court.

The judge also turned down the request of defence counsel for a stay of proceedings pending the outcome of an appeal challenging the prosecutorial powers of the commission under the Money Laundering Act.

According to the judge, the request was against the provisions of Section 306 of the Administration of Criminal Justice Act (ACJA) 2015 which allows speedy hearing of criminal cases.

Similarly, Justice Idris also dismissed the objection of defence counsel, challenging the appearance of the prosecution’s counsel, Olabisi Oluwayemi (from Festus Keyamo’s chambers).

The court, thereafter, fixed Dec. 14 for arraignment.

The EFCC had in November 2008 arraigned Mr. Ladoja along with his former aide, Waheed Akanbi, before Justice

Ramat Mohammed, who was then serving at the Lagos Division of the Federal High Court.

The anti-graft agency alleged that the two men conspired to convert properties and resources derived from an alleged illegal act, with the intention of concealing their illicit origin.

The anti-graft agency also alleged that Mr. Ladoja used N42 million out of the proceeds to purchase an Armoured Land Cruiser Jeep, and remitted about 600,000 pounds to one Bimpe Ladoja in London.

Messrs. Ladoja and Akanbi both pleaded not guilty to the charges at the trial court, and had urged the court to quash them.

The lower court refused the prayer to quash the charges.

Dissatisfied, Mr. Ladoja appealed against the decision of the Federal High Court.

But, the Appellate Court in its judgment delivered by Justice Sidi Bage disallowed the appeal and ordered the former governor to continue his trial at the lower court.

Mr. Bage, in his lead judgment, which was unanimously adopted by two other justices, had held that the EFCC had statutory powers to prosecute under Money Laundering Prohibition Act 2004.

Olisa Metuh denies paying media to launder Jonathan’s image

Posted on November 25, 2016 by Staff Reporter

Former National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisah Metuh, has dismissed reports that he paid some media houses cash to launder the image of the former President, Goodluck Jonathan.

Recall that the media was awash yesterday with reports that his witness disclosed that Metuh, out of the controversial N400m he received from the Office of the Former National Security Adviser, ONSA, during the last general election, paid some media houses cash to launder Jonathan’s image.

But in his reaction, counsel to the embattled former PDP National Publicity Secretary, Barr. Ben Chuks Nwosu, described the report as “highly embarrassing,” stressing that it “did not reflect the testimony and evidence” by the fifth defence witness.

In a statement release on Thursday, Nwosu said, “Our attention has been drawn to a misleading report in a section of the media suggesting that the Fifth Defence Witness in the case involving our client, Chief Olisa Metuh, told the court that money was paid to media houses or their representatives from the controversial N400 million to launder the image of former President, Goodluck Jonathan.

“This report is highly embarrassing and does not in anyway reflect the testimony and evidence of the Fifth Defence witness, Mr. Richard Ihediwa in the court.

“What the witness told the court was that the sum paid into his account by Chief Metuh, who was National Publicity Secretary of the Peoples Democratic Party (PDP) at the time was for payments for sundry advertorials placed by Chief Metuh in various media houses.

“The witness had earlier laid a proper foundation that media advertorials from the PDP are placed and paid for by the National Publicity Secretary, mostly in cash or through bank transfers to the media house through their representatives covering the party.

“The witness, who is Special Assistant to our client, stated directly and clearly that all the payments to the media were for advertorials, and that paying through representatives of the media houses was the normal practice in the media industry. He went ahead to present documents including bank tellers to justify the payments. The records of the court are clear in this regard.

“Furthermore, when questioned under-cross examination regarding the appearance of names of some journalists in the payment tellers, the witness stated clearly that the payments were for advertorial placed in their respective media houses and showed documents to justify the payments in line with the practice in the media industry.”

Nwosu insisted that the witness at no time while giving his testimony told the court that that “any media house or any representative/staff of any media house was paid in whatever form to launder the image of the former President as suggested in the misleading report.”

Speaking further, Nwosu said, “We find this particularly painful for the fact that since the arrest and arraignment of our client, he had never attempted in anyway to drag in any individual and/or organization in connection with his travail.

“Finally, while urging reporters covering the court to ensure accurate reportage of events and proceedings, we regret the embarrassment the unfortunate report must have caused the respective media houses or persons mentioned in the said misleading reports.”

Witness lists more adverts beneficiaries in Metuh’s alleged fraud case

Posted on November 25, 2016 by Staff Reporter

Richard Ihediwa, the fifth defence witness in the ongoing trial of former National Publicity Secretary, Peoples Democratic Party (PDP), Chief Olisa Metuh, resumed his testimony yesterday.

He revealed before Justice Okon Abang of the Federal High Court, Abuja, how Metuh made cash payments to several media houses including major electronic and print outfits in the country, out of the N400 million transferred to him by former President Goodluck Jonathan.

The witness, who gave details of the account during cross-examination by counsel to the second defendant (Destra Investment Limited), Mr. Tochukwu Onwugbufor (SAN), told the court that Metuh paid cash to some of them for advertorials made towards 2015 general elections.

He stated that the media campaign to launder the image of Jonathan became necessary following series of agitations from the North, South-South, South-West and South-East geo-political zones of the country.

“The issue of resource control, infrastructural development and the implementation of the recommendations from the National Conference was threatening in the South-South.

“In the North, there was the issue of insecurity. The agitation led to a lot of demands on the former president and he felt the best way to handle the agitations was through media publicity and public enlightenment rather than the use of the gun or force” he said.

Earlier, a motion filed by Dr. Olugbumi Usim-Wilson seeking the withdrawal of her suretyship for Metuh was heard.

Onwugbufor, who argued the motion on behalf of the second defendant, noted that even though the application was made in bad faith, they would not oppose it.

Describing the development as unfortunate, he told the court that no cogent reason was placed before the court on why she was withdrawing her suretyship and that the practice should not be allowed.

The counsel to the applicant told the court that his client stood as surety voluntarily and the court should allow her to withdraw since she acted in good faith.

He also prayed the court to hold that Metuh would not in any way harass or intimidate the applicant.

DSS raids: I didn’t move $2m from my house – Judge tells Reps

Posted on November 24, 2016 by Staff Reporter

Justice Abdullahi Liman of the Federal High Court Port-Harcourt Division has debunked claims that he moved $2 million from his official residence during a sting operation by officers of the Department of State Services (DSS).

Liman said this at a public hearing conducted by the Hon. Garba Datti-led House of Representatives Adhoc Committee investigating cases of invasion of property and arrest of persons for reasons outside the general duties of the DSS, yesterday.

Liman said he was not the target of the raid.

Between October 7 and 8, DSS raided the homes of some senior judges, in Abuja, Port Harcourt, Gombe, Kano, Enugu and Sokoto states.

Justice Liman said his reputation degenerated by false reports emanating from the raid. This was even as he blamed a section of online media for reporting that he was the unnamed judge which the DSS said in its statement quickly moved money out of his home during its operation.

Liman also told the committee that it was Justice Uche Agomoh’s home that was the target of the Saturday, October 8 raid, which he said lasted from 1:00am to 4:00am.

“I must state categorically that the DSS did not come to my house, which is No. 33 but it was Justice Agomoh’s house they targeted. It was shocking and frightening when, on Saturday afternoon, the DSS released an official statement claiming to have attempted to search the house of an unnamed judge, who, when approached, resisted and mobilised thugs and with the assistance of Governor Nyesom Wike and the tacit support of a sister security organisation, removed $2 million which was stashed in his house to an unknown place…”

Another judge of the Federal High Court, Abuja who was arrested during the raid in Abuja, Nnamdi Dimgba who appeared at the hearing, however, said it would be prejudicial to speak on the matter.

Meanwhile, Speaker Yakubu Dogara, who declared the hearing open stressed that the House was investigating the propriety, or otherwise, of operations conducted by the DSS, at the homes of judges and other alleged DSS invasion of Akwa Ibom State governor’s lodge and Ekiti State House of Assembly.

Dogara who was represented by the Minority Whip, Yakubu Barde, said the peobe will be useful should the National Assembly find reasons to amend the National Securities Agencies Act.

“It is critical that any investigation of this nature must have a legislative purpose as required by section 88 of the 1999 Constitution, as amended. It is in this regard that I enjoin this committee to make relevant findings of fact that will enable the National Assembly initiate the necessary amendments to the National Security Agencies Act and even the Constitution, where necessary”.

But, a mild drama played out when chairman of the Code of Conduct Bureau (CCB), Sam Saba, reversed his position that the DSS has the power to arrest judges over allegations of corruption as corrupt acts are a threat to national security.

Earlier, Saba cited section 2 sub section 3 of the National Security Agencies (NSA) Act Cap N74 which states that the DSS has powers of prevention, detention within Nigeria against the internal security of the country.

He further cited Section 4 and the provisions of subsection (1) (2) and (3) of the NSA Act, saying it shall have effect not withstanding the provision of any other law to the contrary or any other natter therein mentioned.

He also told the committee that the DSS didn’t need to give the National Judicial Council (NJC) prior notice before arresting the judges. He equally stated that the CCB has powers to investigate criminal allegations against judges, especially with regards to under-declaring or false declaration of assets.

But Saba chose to withdraw his statement when asked by committee members, Kingsley Chinda and Edward Pwajok to state categorically, if false declaration of assets by public officers threatened internal security of the country.

Explaining his role during the failed arrest of Justice Agomoh, Governor Wike blasted the DSS and described the episode as a “national tragedy,” adding that the DSS failed to observe the rule of law in conducting the Port-Harcourt raid.

According to the governor, the DSS operatives, one of who assaulted him, didn’t know where exactly they were headed to even as they conducted themselves in an unprofessional manner. The governor was represented by his Attorney-General and Commissioner for Justice, Emmanuel Aguma.

Shell In Court Over Niger Delta Oil Spills.

Posted on November 24, 2016 by Staff Reporter

Royal Dutch Shell was brought to court on Tuesday, as Nigerians demand the company take responsibility for its oil spills that have environmentally devastated the Niger Delta region.

Oil spills coming from Shell pipelines and facilities have polluted the oil-rich region, threatening the livelihoods of thousands of Niger Deltans. Lawyers representing over 40,000 Nigerians in the affected areas brought two legal suits against the Anglo-Dutch company at the High Court in London.

In 2011, the United Nations Environmental Programme (UNEP) exposed the devastating effects oil spills have had on the Ogoniland region, one of the many Niger Delta communities ravaged by oil pollution. Its report revealed poor air quality, dangerously high levels of hydrocarbons in the water, and mangroves polluted with bitumen. The UNEP offered assistance to the Nigerian government to clean up the area, but said it would take 30 years or more to complete.

Today, Nigerians are hoping that Shell will be mandated to accept responsibility assist in the cleanup.

“There are strange diseases in my community – skin diseases, people are dying sudden deaths, some people are impotent,” King Emere Godwin Okpabi, traditional ruler of Ogale community, told AFP. The monarch flew to London to attend the hearing, hoping that justice will be served for his people.

Speaking with AFP, Mr. Okpabi held up a clear plastic water bottle showing contaminated water from his community. “My people are drinking this water,” he said. “I can afford to buy water. But can I afford to buy for everyone? No.”

Mr. Okpabi believes that the people of the Niger Delta have a better chance of justice being served in the United Kingdom rather than in Nigeria, where the judicial system is afflicted by corruption.

“Shell is Nigeria and Nigeria is Shell. You can never, never defeat Shell in a Nigerian court. The truth is that the Nigerian legal system is corrupt,” the traditional ruler said.

But Shell has argued that the case should be heard in Nigeria, as its Nigerian subsidiary, SPDC, is responsible for the oil spills. The oil giant will therefore challenge the jurisdiction of the British courts throughout the four-day hearing.

Shell has also pointed its finger to oil thieves and pipeline saboteurs, such as the Niger Delta Avengers, saying that these groups should be held responsible for oil pollution.

“Both Bille and Ogale are areas heavily impacted by crude oil theft, pipeline sabotage, and illegal refining which remain the main sources of pollution across the Niger Delta,” a Shell spokesperson said. She added that SPDC has not produced oil or gas in Ogoniland since 1993, and that the SPDC is supporting the cleanup process in the region.

But the plaintiffs’ attorneys have argued that Shell’s leaky pipes continue to pollute the area and therefore the company must be held responsible.

It would be recalled that Shell agreed to pay over $80 million to the Bodo community in January 2015 due to two oil spills that occurred in the region in 2008. This case was similarly heard in a London court

Two men arraigned in court for stealing 29 bags of rice in Ogun State.

Posted on November 22, 2016 by Staff Reporter

The Police in Ogun on Tuesday arraigned two men, Ojo Ada, 54, and Tonny Odili, 56, in an Ota Magistrates’ Court for alleged theft of 29 bags of rice valued at N450,000.

The defendants, whose addresses are unknown, are facing a two-count charge of stealing and conspiracy.

The prosecutor, Sgt. Tsav Dominic, told the court that the defendants committed the offences on Nov. 12, at about 12.30 p.m. in Sango Garage, Ota.

Dominic said that the defendants conspired and stole 29 bags of rice valued at N450,000 belonging to one Gbemisola Adepoju.

The prosecutor said that the offences contravened sections 390(9) and 516 of the Criminal Code Laws of Ogun, 2006.

However, the defendants pleaded not guilty to the charge.

The Senior Magistrate, Mrs Adebayo Alebiosu, granted the defendants bail of N200,000 each with two sureties each in like sum.

Alebiosu said that the sureties must be resident within the jurisdiction of the court and should be gainfully employed.

She ordered that the sureties should swear to an affidavit of means and submit four recent passport photographs to the court.

The magistrate also said that the sureties should produce evidence of tax payment to Ogun Government and their addresses should be verified by the police.

Alebiosu adjourned hearing in the case to Nov. 23.

Unjust dismissal: Nigerian Army boycotts court.

Posted on November 22, 2016 by Staff Reporter

More than three months after a top Army officer – who was dismissed from service without query or indictment – filed suit for redress at the National Industrial Court, Nigerian military has refused to enter appearance to defend its action.

This has opened the Army to accusations of deliberately shunning the court and frustrating the applicant’s push for justice, court documents reviewed by PREMIUM TIMES showed.

Under the procedures and rules of Nigeria’s industrial court, respondents are obligated to file defence within 14 days of receiving originating processes; and in this particular case, court records revealed military authorities, including the Defence Minister, Chief of Army Staff and the Chief of Defence Staff, were served on August 15, 2016, over three months ago.

Abdulfatai Mohammed, a retired lieutenant colonel, was one of the 38 senior officers compulsorily retired by the Nigerian Army on June 9, 2016, citing professional misconduct during the 2015 general elections and involvement in the arms procurement fraud.

But PREMIUM TIMES’ extensive investigations of the controversial exercise – prompted by “service exigencies” according to Army spokesperson, Sani Usman, a colonel – showed the Nigerian Army abruptly ended the careers of some of the officers, including Mr. Mohammed’s, without query, indictment by any panel or even informing them of what their offences were, thereby raising question of arbitrariness.

So, while a few were queried, asked to face panel and indicted, others had their careers abruptly cut short for reasons that smack of high-level arbitrariness, pettiness, witch-hunting and partisanship by authorities of the Army.

Apart from relying on Paragraph 09.02(e) of the Harmonised Terms and Conditions of Service for Officers to petition President Muhammadu Buhari, Mr. Mohammed like other affected officers, who feel arbitrarily forced out of service, also approached, on August 12, the National Industrial Court to seek reinstatement.

He asked the court to declare that his compulsory retirement “constituted an unfair dismissal and punishment without factual basis at all and is as a result of wrongful, unconstitutional, illegal and invalid.”

In the June 9 letters – seen by PREMIUM TIMES – to the affected officers, including Mr. Mohammed, their compulsory retirement was hinged on “provisions of Paragraph 09.02c (4) of the Harmonised Terms and Conditions of Service for Officers (HTACOS) 2012 (Revised)”.

The referenced section – 09.02c (4) – of the Harmonised Terms and Conditions of Service for Officers 2012 (Revised), shows the officers were laid off “on disciplinary grounds i.e. serious offence(s)” but the actual “serious offence” was not stated.

However, in a July letter conveying the appeals of 22 of the affected officers to President Buhari in line with military rules, the Chief of Defence Staff, Gabriel Olonisakin, a General, gave formal reason why the Army terminated Mr. Mohammed’s career prematurely as “involvement in election matters”.

Yet, the military authorities have not been in court to defend their action and the reason the officer was sent out of service.

On September 7, Ibrahim Etsu, counsel to the Army Council, Armed Forces Council, Chief of Defence Staff and the Defence Minister, approached the court, acknowledging the military did fail to enter appearance within the stipulated time, citing administrative bureaucracy; and asking to file memorandum appearance out of time.

Even so, court records revealed, as at Monday, October 21, Mr. Etsu, a staff in the legal department of the Ministry of Defence, has not returned to the court for the military’s statement of defence.

Consequently, Mr. Mohammed, on October 18, filed a fresh motion before the industrial court, seeking accelerated hearing and that judgement be given, relying on Order 8 rule 5(1) of the National Industrial Court, because “clearly the intention of the defendants is to delay the hearing of this case by dilatory tactics.”

Narrating his ordeal, Mr. Mohammed told PREMIUM TIMES that even after his application for accelerated hearing – over a month now, the case had not been assigned to any judge.

“They (military authorities) have used their offices and they have exploited my vulnerability and acted to dress me in the dirty garb of a criminal … I have been greatly traumatized by the news of my compulsory retirement based on the allegations of non-existent serious offences I never knew about or took part in.”

His lawyer, Abdul Muhammed, disclosed to this newspaper he would meet with the President of the NIC later this week to ask that the case be assigned.

Mr. Etsu, the defence counsel, told PREMIUM TIMES he was not going to comment on this report, citing “no authority to do so”.

Also the Minister of Defence, through his spokesperson, Tukur Gusau, a colonel, claimed ignorance of the court process or that the Minister had been served. But PREMIUM TIMES obtained court document filed by Mr. Etsu, stating the Minister and others had been served.

N29bn Fraud: Court Admits Exhibits Against Ex-Adamawa Gov. Nyako, Others.

Posted on November 22, 2016 by Staff Reporter

The trial of a former governor of Adamawa State, Murtala Nyako, his son, Senator Abdul-Aziz Nyako, Abubakar Aliyu and Zulkifikk Abba, before Justice Okon Abang of a Federal High Court, Abuja, got under way on Monday, November 21, 2016 with the Economic and Financial Crimes Commission, EFCC, presenting its first witness.

They are facing a 37-count charge bordering on criminal conspiracy, stealing, abuse of office and money laundering to the tune of N29 billion. Nyako and his co-defendants are alleged to have used five companies – Blue Opal Nigeria limited, Serore Farms & Extension Limited, Pagoda Fortunes Limited, Towers Assets Management Limited and Crust Energy Limited to commit the fraud.

At the resumed hearing, the prosecution witness, Ugochukwu Dumukwu, branch head of the FBN Merchant Bank, Maitama, Abuja, told the court that he did not know the source of the various sums of money credited into the accounts of Tower Asset Management Limited, domiciled with the bank.

Under cross-examination by prosecution counsel, Rotimi Jacobs, SAN, he told the court that the EFCC contacted the bank in respect of investigations into transactions involving, Blue Ribbon Multilinks Nigeria Ltd and Tower Asset Management Nigeria Ltd.

“We were requested to provide incorporation documents such as form CO7, CO2, SCUML registration documents for Blue Ribbon Multilinks Ltd, also proof of identity for the signatories to the accounts,” he said.

He noted that the EFCC also requested documents, which included account opening forms for the two companies, transaction history for both companies, also letters of instruction from the customers, as well as copies of cheques issued to the customer.

The documents, which were presented to the court by Jacobs, were identified by the witness.

However, Ibrahim Isiyaku, counsel to Zulkifikk Abba and Towers Assets, who also held brief for Kanu Agabi, SAN, counsel for Nyako, his son and Serore Farms & Extension Limited, objected to the admissibility of some of the documents, which included the data page of the international passport of Abba, arguing that it was not certified by the Nigeria Immigration Service, NIS. Counsel to Abubakar Aliyu, Y.C Maikyau, SAN, also aligned with Isiyaku, and urged the court to reject the documents in evidence.

Jacobs, who accepted the objections of the defence counsels, noted that: “I do not want to waste the time of the court arguing on the admissibility or otherwise of the documents in question, and so withdraw them as the identity of the persons involved is not in dispute.”

Justice Abang, thereafter, admitted the other documents in evidence marking them as exhibits A1-A166. The admitted documents, included transfer history detailing the flow of cash into Blue Ribbon Multilinks from Tower Asset Management, letter of instruction from the owners of the account, as well as copies of cheques used as instruments of payment.

According to Dumukwu, signatories to Blue Ribbon Multilinks included Abubakar Aliyu and Abubakar Y. Abba. He listed its directors to include Nyako Abdulaziz Murtala, Aliyu Abubakar and Yahaya Abubakar Abba. He further noted that signatories to Tower Asset Management included Aliyu Abubakar, J.L. Kogis, while the directors were Mohammed D. Saheed, Abubakar Yar’Adua, Abubakar Aliyu, Grace Danamadami, Kogis Jonathan, Abduwahab Usman, and Engr. Sambo Yahaya.

Justice Abang after accepting the documents in evidence against the defendants thereafter adjourned to November 29, 2016 for continuation of trial.

We offloaded Fayose’s N1.2bn in 45 minutes – Witness tells court

Posted on November 18, 2016 by Staff Reporter

Alade Oluseye Sunday, A witness of the Economic and Financial Crimes Commission (EFCC) has told the Federal High Court sitting in Maitama, Abuja that it took just about 45 minutes to offload from the aircraft the N1.219 billion cash sent by former Minister of State for Defence, Musiliu Obanikoro to then candidate Ayodele Fayose, ahead of the Ekiti governorship election.

Sunday stated this while giving evidence before Justice Nnamdi Dimgba in the case of money laundering by the EFCC against Abiodun Agbele, an aide to Governor Ayodele Fayose of Ekiti State.

Sunday, a manager and Head of Zenith Bank Plc, Akure branch, spoke today under cross-examination by Agbele’s counsel, Mike Ozekhome, SAN.

The witness had earlier testified that the disbursement of the cash, which took ten days to count was coordinated by Agbele.

According to Sunday, the cash, which was loaded in ‘Ghana-must-go’ and Diamond Bank tarpaulin bags, were delivered twice via an aircraft.

He added that, it took not less than forty-five minutes to off-load the cash on both occasions.

“In fact, I, Agbele and Abiodun Oshode (Regional Manager of the bank) were practically watching while the money was being offloaded,” Sunday said.

Answering another question from the defense, the witness insisted that the cash was bundle-counted and confirmed to be N1,219,490.00 (one billion, two hundred and nineteen million, four hundred and ninety thousand naira).

He added that, after ascertaining the amount, Agbele, Oshode and Adewale (Obanikoro’s aide) were handed a small sheet of paper which was taken to Oshode’s office where decisions were taken on how the fund would be disbursed.

NAN reports that further hearing on the case has been adjourned to January 25-27, 2017.

Agbele is facing an 11-count charge for allegedly diverting N4.6billion from the office of the former National Security Adviser, Sambo Dasuki.

Singer Dbanj dragged to court over N100m debt

Posted on November 17, 2016 by Staff Reporter

Nigerian Afropop star, Oladapo Daniel Oyebanjo, popularly known by his stage name as D’Banj, has reportedly been sued by a company, Mindhub Technologies, over N100m unpaid debt.

Pulse is reporting that the singer purportedly signed a Memorandum of Understanding, MoU, with the technology company on October 19, 2012, for the promotion of a concert organized by his media house, D’Kings Men Media LTD.

The contract agreement had it that Dbanj would be personally liable for the payment of the money in the event that D’Kings Media fails to pay.

However, when Dkings Men media failed to pay back, the company called for the repayment from the ‘Kokomaster’ and he reportedly paid only $260, 000 and N8, 600, 000.

Dbanj had reportedly issued a Skye Bank cheque No. 10000039 on December 29, 2013, for the sum of $240,000 in the name of Henry Ojogho, Mindhub’s Vice Chairman.

Reports say the cheque was returned unpaid due to lack of funds in the Dbanj’s account.

D’banj issued another GT Bank cheque No.00000046 dated January 20, 2014, in the sum of N15, 000,000 in favour of Mindhub and it was also returned unpaid.

He reportedly left the outstanding sum of $240, 000 and N6, 400, 000.

Following the outstanding debt, the company has legally taken up the issue as they said all efforts made by them for him to pay, proved abortive.

As a result, the company reportedly filed a suit in 2015 against D’banj to recover the money.

The case, which would be due for hearing on December 9, is currently before Justice Oyebanjo of the High Court of Lagos State, Ikeja Division.

All efforts by DAILY POST to get across to the singer were abortive as at press time as his phone numbers were unavailable.

SHOCKING: Court grants bail to fraud suspects before arraignment.

Posted on November 17, 2016 by Staff Reporter

Proceedings in the planned arraignment of Angela Uwakwem, Emmanuel Ajayi and his company, Swiss Biostadt Limited, by the Economic and Financial Crimes Commission,, began on a controversial note Tuesday as Justice Florence Duruoha Igwe of the Imo State High court Owerri granted the accused persons bail without first taking their plea.

Her lordship upheld the arguments of the defence counsel, Chukwuma Ekomaru (SAN), that the accused persons cannot take their plea until the application challenging the jurisdiction of the court is determined, a statement by EFCC spokesperson, Wilson Uwujaren, said.

Prosecuting counsel, Mainforce Ekwu had argued that the correct position of the law was that the plea of the accused persons be taken before the application for bail can be considered, and only then can the objection to quash the charges for lack of jurisdiction be heard.

But Justice Igwe ruled in favour of the accused.

“I am minded to consider the application challenging the jurisdiction of the court before taking the plea of the accused persons, and will also take the accused motion for bail before their arraignment and plea,” the Judge said.

In view of the ruling, Mr. Ekomaru (SAN), and Ugeh S. Ogidi, counsel for the first and second accused respectively, moved their motions for bail for the accused persons.

The court granted the accused persons bail, and ruled that each of the accused produce one surety each, with landed property in Owerri and evidence of two years tax clearance, and must each enter a bond of N1,000,000.00 (One Million Naira only).

Justice Igwe then adjourned to January 24, 2017, to consider the motion challenging the jurisdiction of the court.

Mr. Uwakwem is in court for awarding several inflated contracts to a company called Swiss Biostadt Limited, belonging to the second accused Mr. Ajayi.

Court dissolves marriage over hubby’s inability to pay dowry.

Posted on November 16, 2016 by Staff Reporter

A Grade “C” Customary Court sitting at Iseyin in Oyo State on Wednesday dissolved a marriage contracted five years ago over inability of a husband to pay dowry.

A correspondent of the News Agency of Nigeria (NAN) reports that Azeez Akeusola watched calmly as court terminated his marriage to his wife Rashidat, due to his inability to pay dowry and other allegations.

“This court finds it disturbing that families of the estranged couple were unable to resolve the lingering crisis between their children who have been married for five years.

“Evidences of threat to life, lack of love and care are obvious. Both families have also lost interest in the union.

“At this juncture, I hereby pronounced the marriage dissolved,” the President of the court, Adelodun Oyegbenle, ruled.

NAN recalls that Rashidat had approached the court seeking dissolution of the marriage over allegations of non-payment of her dowry and a lack of care, among others.

She told court that the union had produced a four-year-old child.

Rashidat also told court that she had tried without success to convince Azeez to do the needful.

“He said he does not have money, yet, he is living very large, drinking and partying every day.

“He claims he does not have money to pay my dowry and be responsible at home.

“I’m tired of living in this kind of marriage. I take care of the family all alone and his family members don’t appreciate that because they keep ganging up against me.

“I have to find my way out of this marriage before they do me harm because they are fetish people,” she alleged.

However, Akeusola responded: “I’m consenting to the dissolution not because she was correct in all that she said but because she is a very rude and uncultured woman.

“She talks to my family members very rudely and in a manner that says she lacks home training and discipline. I’m no longer interested too,” he asserted.

In the judgment, Oyegbenle bemoaned the inability of all parties concerned to resolve the matter out of court.

He, thereafter, dissolved the marriage accordingly.

This is the second time within a month that the court has had to dissolve a marriage on allegation of non-payment of dowry.

Witnesses in EFCC’s case against ex-Gov. Daniel refuse to attend court session

Posted on November 11, 2016 by Staff Reporter

Hearing in the trial of a former Governor of Ogun State, Otunba Gbenga Daniel, filed by the Economic and Financial Crimes Commission on Friday suffered a set back as the prosecution again failed to present witnesses.

The EFCC Counsel, Rotimi Jacobs (SAN), explained that the witnesses could not appear in court because they said they needed the approval of the State Government.

Jacobs said the situation was a clear departure from the initial agreement with the witnesses and the others who had appeared before then.

He therefore requested for adjournment to be able to present the witnesses.

The defence counsel, Titilola Akinlawon (SAN), who remarked that prosecution cannot be an open ended game, but must have an end, argued that since the trial had been on since October 2011, it was wrong for the prosecuting counsel to still be chasing around witnesses.

Akinlawo , therefore, sought for the closure of the case of the prosecution, having given enough time and adjournment.

Justice Olanrewaju Mabekoje in his ruling said he was constrained in the interest of justice to grant adjournment to the EFCC to bring additional witnesses.

Mabekoje, however, warned that he would not grant any further adjournment.

He warned sternly against such occurrence.

He then adjourned the case to December 16 and 20, 2016.

My husband denied me sex for seven years – Woman tells court

Posted on November 11, 2016 by Staff Reporter

A housewife, Jelila Nurudeen, on Friday asked an Ojaoba Sharia Court, Ibadan, to put an end to the union with her husband, Nurudeen Olanrewaju, on grounds of sexual starvation for over seven years.

The mother of three in her petition alleged that her husband was subjecting her to emotional torture by starving her of sex for seven years.

“My lord, all the interventions made so far by this court has yielded no results as Olanrewaju has turned no new leaf.

“I may soon run mad if the court fails to separate us, because I can no longer withstand seven years of sexual drought.

“Should I start visiting the homes of some of the committee members set up to reconcile us to meet my sexual desire?

“Please I am ready to walk away from this union because Olanrewaju has already remarried to another wife, who is now satisfying his emotional desire,” Jelila explained.

However, Olanrewaju, who denied the allegation, rejected the divorce suit.

Olanrewaju who works at Nigeria Tobacco Company, Ibadan, said he has been living happily with Jelila and promised to still make his wife happy.

President of the court, Sheikh Ahamad Tiamiyu, advised Jelila to give peace a chance by allowing the committee raised on the matter to do their work.

Tiamiyu adjourned the case till Nov. 17, for progress report.

Zimbabwe court drops charges against hunter who helped kill Cecil the lion

Posted on November 11, 2016 by Staff Reporter

A Zimbabwean court has thrown out charges against a local hunter accused of failing to stop the killing of the country’s most prized lion by an American dentist, his lawyer said on Friday.

Walter Palmer, a lifelong big-game hunter from Minnesota, touched off a global controversy when he killed Cecil, a rare black-maned lion, with a bow and arrow outside Hwange National Park in western Zimbabwe in July last year.

While Zimbabwean authorities said Palmer had legal authority to hunt, they were stung by the international outcry and charged local hunter Theo Bronkhorst, who assisted Palmer, with failing to prevent an unlawful hunt.

Bronkhorst’s lawyers then applied to the High Court in Zimbabwe’s second city of Bulawayo to set aside the charge, arguing it could not have been an offence under the country’s wildlife laws if Palmer had a permit to hunt.

“The court granted us that prayer yesterday – that the charges be quashed. So I cannot imagine the state coming back again charging him with the same charge,” said Lovemore Muvhiringi, a lawyer for Bronkhorst.

Cecil had been fitted with a collar to track his movements but strayed outside the confines of Hwange National Park and was then shot. Bronkhorst was accused of laying bait to lure Cecil out of the park. Palmer said at the time that no one in his hunting party realized the targeted lion was Cecil.

Wildlife hunting is an important revenue source for the southern African country, which is grappling with its worst shortage of cash since it dumped its inflation-ravaged currency in favor of the U.S. dollar in 2009.

Conservationists worldwide were outraged when Zimbabwe’s government announced in October last year that Palmer would not be charged over Cecil’s killing because he had obtained legal authority to conduct the hunt.

But the government said Palmer would be free to visit Zimbabwe only as a tourist, not a hunter, in future, implying he would not be issued the required permits.

EFCC Interrogates Godwin Obla, The Lawyer Who Paid N5M To Justice Ofili-Ajumogobia

Posted on November 10, 2016 by Staff Reporter

Agents of the Economic and Financial Crimes Commission (EFCC) have started questioning Godwin Obla, a senior lawyer and former prosecutor to the anti-corruption agency, in connection with irregular payments to some judges who are targets of an ongoing probe of corruption in the judicial sector.

EFCC sources told our correspondent that Mr. Obla arrived at the commission’s Lagos office this afternoon in response to a summons by the anti-graft agency.

EFCC agents are specifically interrogating Mr. Obla in relation to an allegation that he paid N5 million to a Federal High Court, Justice Rita Ofili-Ajumogobia. Our source at the commission said that the lawyer funneled the money to the judge through a company in which the embattled judge has an interest.

Earlier, the judge had told EFCC investigators who questioned her that the payment was part payment for a property she claimed to have sold to the lawyer in Abuja for the sum of N40 million. She reportedly stated that the real estate deal took place sometime in 2015.

However, one of our sources disclosed that Mr. Obla’s responses during today’s interrogation contradicted the judge’s claims. The source quoted the lawyer as telling investigators that the money he paid to the judge was meant for buying building materials, specifically iron rods, for a building he was putting up in Abuja. He reportedly denied that the money was for buying any property.

According to the source, Mr. Obla explained that, during one of his trips to Lagos, he ran into the judge who had been his contemporary at university. He stated that, in the course of conversations, the judge disclosed that she knew where he could get building materials in Lagos at good prices. He added that Justice Ofili-Ajumogobia then gave him the name and account number of a company to enable him to order the building materials. He told investigators that he paid the money and the goods were supplied.

When investigators asked him to provide the merchant’s name, a receipt for the transaction and evidence of delivery of the goods, Mr. Obla said he could not remember the name of the trader or his location. He also failed to produce any receipt or delivery note for the transaction.

However, EFCC agents said they had confirmed that the account into which the lawyer paid the sum of N5 million belonged to a company owned by the judge and her children. Investigators suspect that the registered company, which was not known to be engaged in the sale of building materials or any other viable business, was surreptitiously set up for the purpose of warehousing proceeds of graft. The same company has been identified in other questionable financial transactions traced to the judge.

One of our sources said EFCC interrogators were still grilling Mr. Obla, adding that it was unlikely that the lawyer would be released today.

8 years after, Ladoja’s corruption trial to finally commence in November 18.

Posted on November 8, 2016 by Staff Reporter

Eight year after he was first charged for money laundering, the trial of former governor of Oyo State, Rasheed Ladoja, can now properly take off.

Having lost his bid at the Appeal Court to have charges against him quashed, Mr. Ladoja will be re-arraigned for money laundering before a Federal High Court in Lagos.

The court on Monday adjourned the till November 18 for the fresh arraignment of the Accord Party leader.

The Appeal Court, Lagos Division, had dismissed a bid by Mr. Ladoja to have the charges against him and his aide, Waheed Akanni, quashed.

The charges were filed by the Economic and Financial Crimes Commission, EFCC.

Saheed Bagir, the judge who read the decision of the appeal court, upheld the powers of the EFCC to prosecute offenders under the money laundering act.

Mr. Bagir held that the provisions of Section 14 of the EFCC Act gave the commission the power to prosecute persons charged with the offence of money laundering.

The court also held that by Section 7(2) of the EFCC Act, the commission was also empowered to charge and prosecute the appellants in the suit.

The anti-graft agency had arraigned Messrs. Ladoja and Akanbi on a 10-count charge of laundering funds taken from government coffers.

The EFCC alleged that Mr. Ladoja used about N42 million to purchase an Armoured Land Cruiser Jeep and remitted about £600,000 to one Bimpe Ladoja in London.

The accused who were arraigned before Ramat Mohammed, a justice of the Federal High Court, Lagos pleaded not guilty and were granted bail.

But Mr. Ladoja filed an appeal to through his counsel, Wole Olanipekun, asking the appellate court to quash the charges against him arguing that they were vague.

Mr Olanipekun, a senior lawyer, had argued that the proof of evidence tendered before the lower court by the prosecution, had no connection with the charge against his client.

He said the charges are baseless as they did not show on first impression any case against Mr Ladoja.
He said the EFCC had no power, jurisdiction or authority to prefer the charge against Mr Ladoja and asked the court to rule that the case was baseless.

Responding, counsel to the EFCC, Festus Keyamo, urged the court to uphold the validity of the charge, adding that such objection ought to have been raised before the plea of the accused was taken.

He said the respondents had failed to take necessary steps when they ought to have done so, adding that the objection of the respondent has no basis in law.

The proceedings at the high court were suspended to allow the appellate court rule on the challenge brought before it by the respondents.

Court summons kingmaker over vacant traditional stool.

Posted on November 8, 2016 by Staff Reporter

A Lagos State High Court has ordered the appearance of the chairman, council of kingmakers of I?gbogbo, Ikorodu over conflict arising from the vacant stool of Oloja in his domain.

While ruling on an application dated May 24, filed by ?three respondents/applicants, Justice Michael Salvage held that the Chairman, Council of Kingmakers of Igbogbo was a juristic person known to law and can be sued.

The respondent/applicants, Chief Ganiu Omotayo, Alhaji Nasirudeen Oyekade and Alhaji Kolawole Jubril, had asked the court to strike out the name of the chairman, council of kingmakers of Igbogbo, on the ground that same was not a juristic person known to law and cannot be sued.

Their application was sequel to the suit filed before the court by Ismaila Osho-Ojuba, Olusanya Osho – Ojuba, Sakiru Osho – Ojuba, for themselves and as representatives of the members of Ijaolu (Osho – Ojuba) ruling house, Igbogbo.

In the suit, the State Attorney General & Commissioner for Justice, the State Government, the State Commissioner for Local Government & Chieftaincy Affiars, Executive Secretary, Igbogbo/Baiteku Local Council Development Area and the Chairman, Council of Kingmakers were 1st to 5th respondents.

While, Omotayo, Oyekade and Jubril for themselves and on behalf of the Ijaolu Ademiye family, Elepe Village were sixth to eight respondents respectively.

The applicants are therefore asking the court for a declaration that the directives of the chairman, council of kingmakers to the 6th – 8th respondents to forward the name of candidate for approval and appointment to fill the vacant stool of Oloja of Igbogbo and the conclusion arrived at, are irregular unlawful and therefore null and void as same were not done in accordance with the provisions of the Oba and Chiefs Law of Lagos State and the relevant Chieftaincy Declarations made thereunder in respect of succession to the stool of Oloja of Igbogbo.

They are also asking for a declaration that it was the turn of applicants ruling house – Ijaolu ruling house to present candidate for approval and installation as Oloja of Igbogbo.

Besides, they are asking for an order of mandatory injunction compelling the 5th defendant to accept and approve the presentation and nomination of candidate from Ijaolu ruling house as the person entitled to be installed as the Oloja of Igbogbo.

Meanwhile, the trial judge, Salvage has been transferred from Ikorodu Division to Lagos Island Division and as a result, sent the case file to Chief judge for re-assignment to another judge within jurisdiction of the case.

Frozen account: Court rules on Fayose suit 2nd of December.

Posted on November 8, 2016 by Staff Reporter

A Federal High Court sitting in Ado Ekiti on Monday fixed December 2 for judgment in a suit filed by Governor Ayodele Fayose against the Economic and Financial Crimes Commission.

Justice Taiwo Taiwo gave the date after the parties adopted their written addresses in the suit.

The commission had frozen Fayose’s accounts and that of some of his associates after allegedly tracing N4.7bn from the Office of the National Security Adviser to them and those of the two sons of a former Minister of State for Defence, Musiliu Obanikoro.

The governor, a strong critic of President Muhammadu Buhari, had gone to a branch of the bank located on Bank/Secretariat Road on June 20 for transactions when he discovered that his account had been frozen.

Fayose through his lawyer, Mr. Mike Ozekhome (SAN), had approached the court through an ex parte order seeking a mandatory order de-freezing the accounts but the court ordered that the respondents be placed on notice.

Relying on point of law on Monday, Ozekhome prayed the court to de-freeze Fayose’s accounts because the EFCC allegedly suppressed the fact while attempting to obtain an ex parte order freezing the accounts from Justice Idris of the Lagos Federal High Court on June 24.

Ozekhome argued that the EFCC did not bring it to the attention of the court that the owner of the accounts presented for freezing was a sitting governor, who enjoyed immunity from criminal proceedings by virtue of Section 308 of the 1999 Constitution.

Justifying the freezing of the account, the EFCC’s lead counsel, Rotimi Oyedepo, argued that what the anti-graft agency had done in freezing the governor’s accounts was “merely to preserve the rest of the money in the account so that the first respondent (EFCC) will not be prejudiced by the conduct of the applicant (Fayose) ‘allegedly’ aimed at dissipating the proceeds.

“By the provision of sub-section 5 of the EFCC Act, the first respondent (EFCC) or any of its representative, such as the investigative officer has the power to instruct the second respondent (Zenith Bank) to place a stop order on the account.”

Court frees all suspects in Kano blasphemy killing.

Posted on November 3, 2016 by Staff Reporter

A Kano Magistrates’ Court on Thursday discharged all the five suspects, who allegedly killed a trader, Bridget Agbahime in Kano on June 2 over allegations of blasphemy.

The suspects, Dauda Ahmed, Abdulmumeen Mustafa, Zubairu Abubakar, Abdullahi Abubakar and Musa Abdullahi were slammed with a four-count charge of allegedly inciting disturbance, culpable homicide, joint act and mischief.

Mrs. Agbahime, 74, an Imo indigene, was murdered in Kofar Wambai Market in Kano over alleged blasphemy.

The Chief Magistrate, Muhammad Jibril, discharged the five suspects and terminated the case as advised by the attorney-general of Kano State.

Earlier, the Principal State Counsel, Rabiu Yusuf, representing the attorney-general of Kano State, told the court that they received the case diary from the police on June 8.

“Having gone through the case diary, the attorney- general of Kano State evaluated the facts in accordance with Sections 130 and150 of the Criminal Procedure Code, presented the legal advice,” Mr. Yusuf said.

“The legal advice presented to the court, dated June 24, states that there is no case to answer as the suspects are all innocent and orders the court to discharge all the suspects.”

The counsel to the suspects, Abdulsalam Gambo, commended the attorney-general for the judgment in the case.

NAN reports that the suspects and their families expressed gratitude to God for the judgment and for their freedom.

Cameroon Military Court Jails Men Who Joked About Boko Haram

Posted on November 2, 2016 by Staff Reporter

Amnesty International has condemned the 10 years imprisonment imposed by a Military Court in Cameroon on three young men, Fomusoh Ivo Feh, and his friends Afuh Nivelle Nfor and Azah Levis Gob – who were convicted of ‘non-denunciation of terrorist acts’ following a trial in Yaoundé.

Samira Daoud, Amnesty International Deputy Regional Director for West and Central Africa said Fomusoh Ivo and his two friends should never have been arrested in the first place, as they were simply exercising their right to freedom of expression.

“Instead of being in school like their friends, these three young men will now spend years of their lives in prison for a simple joke.

“This ruling is clear evidence that Cameroonian military courts should not have jurisdiction to try civilians. The Cameroonian authorities must quash their conviction and sentence and immediately and unconditionally release all three of them,” Daoud stated.

Ivo, 27, whom Amnesty International considers to be a prisoner of conscience, was arrested on 13 December 2014 after forwarding his friends a sarcastic SMS referring to Boko Haram. He was held in police custody in Douala before being transferred to Yaoundé Prison in January 2015.

Credit:

Cameroon Military court jails men who joked about Boko Haram

Court convicts companies of laundering Patience Jonathan’s $15.5m

Posted on November 2, 2016 by Staff Reporter

A Federal High Court in Lagos on Thursday convicted four companies of laundering $15.5m kept in their accounts with Skye Bank.

The companies – Pluto Property and Investment Company Limited; Seagate Property Development & Investment Co. Limited; Trans Ocean Property and Investment Company Limited and Avalon Global Property Development Company Limited – are linked with a former Special Adviser on Domestic Affairs to ex-President Goodluck Jonathan, Waripamo-Owei Dudafa.

The Economic and Financial Crimes Commission had in August frozen the accounts of the four companies and seized the $15m in the course of probing Dudafa for money laundering.

But wife of ex-President Goodluck Jonathan had sued the EFCC and Skye Bank, claiming ownership of the $15.5m.

On Thursday, Justice Babs Kuewumi convicted the four companies of laundering the $15.5m.

The companies had on September 15, 2016 pleaded guilty to laundering the money when they were arraigned by the EFCC along with Dudafa, a lawyer, Amajuoyi Briggs; and a banker, Adedamola Bolodeoku.

But Dudafa, Briggs and Bolodeoku pleaded not guilty.

Based on the guilty plea of the companies, the EFCC prosecutor, Mr. Rotimi Oyedepo, reviewed the facts of the case and told the court how the companies laundered the money.

Oyedepo tolf the judge that the money was stolen from the State House, Abuja.

He said, “The EFCC received an intelligence report showing vividly that the fourth to seventh defendants retained proceeds of crime.

“Our investigations showed that Fetus Iyoha admitted receiving the fund from the first defendant (Dudafa). Iyoha is a domestic staff at the State House.

“He admitted that funds credited into the accounts were given to him from the State House.”

Oyedepo said Iyoha paid $3,096,377.38 into Pluto’s account; $3,410,534.71 into Seagate’s account; $3,765,711.87 into Trans Oceans’ account; and $250,000 into Avalon Global’s account.

He said the accounts of the companies were domiciled in Skye Bank.

Justice Kuewumi admitted the accounts statements in evidence. He also admitted their mandate cards, certificates of incorporation and statements made to the EFCC by the companies’ representatives.

While convicting the companies of money laundering, the judge said he was satisfied that the EFCC had proven its case beyond reasonable doubt.

“I am satisfied that the prosecution has proved its case. I’ll exercise my discretion to suspend sentence until conclusion of trial,” the judge held.

Following the companies’ conviction, Oyedepo urged the court to order the forfeiture of the money to the Federal Government.

“Having found them guilty, the court should make a consequential order that the money should be forfeited to the Federal Government,” he said.

But the judge declined the application, saying he would reserve decision on the money till the end of the case. He noted that there was still Patience suit, where she is claiming ownership of the money.

245 sanitation offenders have been convicted in Edo State

Posted on October 31, 2016 by Staff Reporter

No fewer than 245 persons have been convicted by mobile courts for various sanitation offences in Benin, the Edo State capital.

It was learnt that the convicts were arrested during the monthly sanitation exercise on Saturday and arraigned before the mobile courts, which sat at Ramat Park and Sapele Road.

While some of the offenders were convicted for wandering during the monthly exercise, others were convicted for preventing sanitation officials from discharging their duties.

The offences were said to have violated the Edo State Sanitation and Pollution Management Law No. 5 of 2010.

A senior state counsel in the Ministry of Justice, Samson Erhaze, said 52 out of the 58 persons arraigned at Ramat Park were convicted while six were discharged.

“The accused were either sentenced to three days imprisonment or made to pay N2,000 fines as option,” Erhaze added.

According to the Head of Legal Services in the state Ministry of Environment, Pius Oiwoh, a total 193 offenders were convicted by the mobile court on Sapele road.

A Director in the state Waste Management Board, Geoffrey Ehon, noted that the conviction would deter others who chose not to comply with sanitation laws.

“Offenders were prosecuted at mobile courts to serve as deterrence to others,” Ehon added.

$2.2bn arms scam: Dasuki wants Jonathan to testify in court.

Posted on October 31, 2016 by Staff Reporter

Former National Security Adviser (NSA), Sambo Dasuki who is currently on trial for allegedly stealing $2.2bn arms funds is planning to invite former President Goodluck Jonathan to serve as witness.

Jonathan while speaking at the Oxford Academy had said Dasuki could not have stole $2.2bn as claimed by the Economic and Financial Crimes Commission (EFCC).

“We bought warships, we bought aircraft, we bought lots of weapons for the army,” he said.

Dasuki’s counsel, Ahmed Raji (SAN) said the ex-NSA wants Jonathan to appear as a witness in court.

Raji said: “It will be desirable for Jonathan to testify for the ex-NSA. It will throw greater light into grey areas. And it will serve the interest of Justice.

“It will be fantastic for him to go to court to testify. Dasuki is an agent of a disclosed and known principal.”

He added, “But, frankly speaking, I pray for a political solution to the problem because of the characters involved.

“Both the accused and the government should embrace a political solution to the problem.”

A source also confirmed that Dasuki is hoping Jonathan will agree to appear before the court.

“All is set for the defence of Dasuki, who is still insisting on an open trial to let Nigerians know the beneficiaries of the arms cash.

“One of those who may testify is ex-President Goodluck Jonathan whose remarks in London appeared to be the first phase of the war chest of the ex-NSA.

“You know the ex-NSA said he acted on Jonathan’s instructions in disbursing some of the cash. And from the look of things, the ex-President is now ready to accept responsibility for whatever Dasuki did.

“We believe it has reached a level that Nigerians must know what really happened, how funds were disbursed and who got what.

“This is why a secret trial is not a viable option, with the way things are going,” the source said.

My wife is a first class prostitute, a drunk – Man tells court.

Posted on October 28, 2016 by Staff Reporter

An electrician, Ibrahim Ekeolu, on Friday told a Mapo Customary Court, Ibadan that his wife, Taiwo, is a first class prostitute and a drunk.

Ekeolu of Iyemetu-Igosun Areas of Ibadan made the assertion while testifying in a divorce petition institute by his wife against him.

The respondent, who denied the allegations in the petition, accepted the divorce request from his wife.

He said, “Your honour, Taiwo is a first class prostitute who thinks she can continue to fool me.

“Taiwo goes out and return home at anytime she feels, staying two or three months with her parents.

“In this state of constant abandonment, I saw Taiwo cooking very early one morning, she told me that one of her relatives was sick and needed food in the hospital.

“She took the food and I carefully trailed her, I saw her entering an hotel with the food.

“Though, I couldn’t get the room she entered, but I waited until she came out with her concubine and both of them sighted me and they took another direction out.

“Taiwo knew what I was going to do, when she got home, she packed out with most of my belongings.

“Taiwo as a woman is a drunkard, when she returns home late, alcohol smells all over her body and sleeps to unconsciousness.

“When I reported the incident to her parents, they instead supported her as they usually did.”

But, Taiwo, an Ibadan-based trader, had urged the court to dissolve her six-year-old marriage to her husband for allegedly stealing her money.

The mother of one and resident of Ireakari-Mokola, told the court that her husband was crippling her life through constant theft of her capital.

He said, “For a number of times, Ekeolu has stolen the money meant for my business despite the fact that he does not make any contribution to it.

“He has stolen thousands of naira from me to cripple my business and if I ask, he turns me into a punching bag.

“Your honour, he battered me one day such that I collapsed into the gutter. Each time he beat me, I end up in the hospital.

“As if those are not enough, he doesn’t want to know how our only child and I sustain our lives. Worst of all, he is jobless and does nothing about it.”

The President of the court, Mr. Henric Agbaje, asked the couple to produce evidence to support their claims, and adjourned the case till Nov. 13 for judgment.

My Wife is a First-Class Prostitute, Husband tells Court

Posted on October 28, 2016 by Staff Reporter

An electrician, Ibrahim Ekeolu, has said that his wife, Taiwo, is a first-class prostitute.

Ekeolu of Iyemetu-Igosun Areas of Ibadan made the assertion on Friday when he testified in a divorce petition institute by his wife at Mapo Customary Court, Ibadan against him.

The respondent, who denied the allegations in the petition, accepted the divorce request from his wife. “Your honour, Taiwo is a first class prostitute who thinks she can continue to fool me.

“Taiwo goes out and return home at anytime she feels, staying two or three months with her parents.

“In this state of constant abandonment, I saw Taiwo cooking very early one morning, she told me that one of her relatives was sick and needed food in the hospital. “She took the food and I carefully trailed her, I saw her entering an hotel with the food. “Though, I couldn’t get the room she entered, but I waited until she came out with her concubine and both of them sighted me and they took another direction out.

“Taiwo knew what I was going to do, when she got home, she packed out with most of my belongings.

“Taiwo as a woman is a drunkard, when she returns home late, alcohol smells all over her body and sleeps to unconsciousness.

“When I reported the incident to her parents, they instead supported her as they usually did,” Ibrahim explained.

But, Taiwo, an Ibadan-based trader, had urged the court to dissolve her six-year-old marriage to her husband for allegedly stealing her money. The mother of one and resident of Ireakari-Mokola, told the court that her husband was crippling her life through constant theft of her capital. “For a number of times, Ekeolu has stolen the money meant for my business despite the fact that he does not make any contribution to it. “He has stolen thousands of naira from me to cripple my business and if I ask, he turns me into a punching bag.

“Your honour, he battered me one day such that I collapsed into the gutter. Each time he beat me, I end up in the hospital.

“As if those are not enough, he doesn’t want to know how our only child and I sustain our lives. Worst of all, he is jobless and does nothing about it,” Taiwo said. T

he President of the court, Mr Henric Agbaje, asked the couple to produce evidence to support their claims, and adjourned the case till Nov. 13 for judgment.

Woman Kills Self After Court Clears Step-father Of Repeated Rape

Posted on October 28, 2016 by Staff Reporter

A 22-year-old woman killed herself after her step-father was cleared of repeatedly raping her, an inquest heard.

Juliet Crew left a note behind stating that she felt she had been let down by the legal system.

Her 60-year-old step-father, Nigel Parkin, who is a church organist was found not guilty in 2012 of sexually abusing her for seven years from the age of nine.

Juliet mother found her hung in the hall of her home in Taunton, Somerset, in August last year.

She had told the court Parkin sexually touched and raped her at least ten times.

Her step-father was cleared after he said Juliet and another alleged victim were both suffering from mental health problems.

According to Taunton Coroners Court, the result of the proceedings took a severe toll on the mental health of Juliet, she dropped to six and a half stone, self-harmed and even overdosed on medication.

The note she left behind said,”The judicial system in this country, especially for victims of sexual offences, is disgusting.

“There is no justice. It only confirmed that I cannot trust people. I do not want to live in a world where there is no justice.”

Parkin, who is employed by the Church of England, was found not guilty of ten serious offences against Juliet in a trial at Taunton Crown Court in 2012.

Credit: AFP

Court Jails Applicant 2 Months For Stealing Street Lamp

Posted on October 28, 2016 by Staff Reporter

A Wuse Zone 2 Chief Magistrates’ Court, Abuja, on Friday sentenced a 25-year-old applicant, Salisu Ali, to two months imprisonment for stealing a street security lamp.

Ali of no fixed address was arraigned on a one-count charge of theft.

The Senior Magistrate, Teribo Jim, convicted Ali after he pleaded guilty and begged the court to temper justice with mercy.

Jim, however, did not give the convict an option to pay a fine, hold that the sentence would serve as a deterrent to others.

Prosecutor Haruna Alfa had told the court that a police patrol team attached to Wuse Police Station arrested the convict on October 19.

Alfa said that the convict was arrested at the Wuse axis with a street security lamp that he cut off from the fence.

He said the convict was arrested with a plier and could not give a satisfactory account of what he was doing with the items.

The prosecutor said the offence contravened Sections 297 of the Penal Code.

Credit:

Court jails applicant 2 months for stealing street lamp

Court Dissolves 12 Year Old Marriage Over Attempted Child Sacrifice

Posted on October 28, 2016 by Staff Reporter

A Customary Court in Mapo, Ibadan on Friday dissolved a 12-year-old marriage between an Ibadan-based businesswoman, Sekinat and her husband Raufu Abdulakeem, over attempted child sacrifice.

The President of the court, Mr Ademola Odunade, held that there was nothing the court could do since Sekinat and Raufu had both concluded to part ways.

Odunade, however, awarded custody of the two children produced by the union to Sekinat for proper motherly care.

He directed Raufu to pay a monthly feeding allowance of N3,000 for the upkeep of each of the two children in addition to been responsible for their education and other welfare.

Sekinat had said that Raufu sent her away from the house in order to offer their 11-year-old child for sacrifice.

“My lord, after Raufu, had sent me packing from his home more than a year ago, I came across our 11-year-old child recently and I saw multiple razor mutilation all over his body.

“It was a gory site to behold and I immediately became apprehensive of what my two children were undergoing in my absence with Raufu.

“Then, the child told me that his father, Raufu took him to a ritualist who compelled him to carry some sacrificial objects at 1:00 a.m. after designing his body parts with razor mutilation.

“The boy further said that his father, Raufu, had alleged that he was trying to prevent him from further stealing and that was the reason for the sacrifice.

“My lord, the fundamental questions at this point is that Raufu is an Alfa with strong Islamic background, what is his association with a herbalist and making a child at that tender age to undergo such a midnight exercise.

“Before sending me out of his house, Raufu had subjected me to such dehumanising experiences such as regular battery and inadequate care for I and the two children.

“I have all along been responsible for the welfare of the children and I want to have custody of all the children because he might use them for ritual,” Sekinat stressed.

Raufu, however, denied the allegation.

He acknowledged that it was true that he took his son to a ritualist and the intention was to cure him of the spirit of stealing in him.

“My lord, he is my son, I cannot use him for anything negative, but to take care of his spiritual deficiency,” Raufu said.

Credit: NAN