APC, under me will not obey court directives – Oyegun

The statement credited to the National Chairman of APC Chief John Oyegun has continued to attract diverse reactions from a cross section of the party faithfuls and Nigerians at large.

Oyegun while holding a brief meeting with a selected few party leaders from Delta state over the leadership crisis that has been rocking the state chapter of the party said that in as much as the state exco had truly been sacked by the court, he will continue to recognise the Jones Erue led exco, insisting that the court has no right to dictate to him how to run his party.

The statement which has been hijacked and turned into a mockery of the rule of law posture of the APC led Federal Government by the PDP is a minus for the party that is gradually losing public confidence due to Oyegun’s cabal-like style.

At the meeting which had in attendance the Minister of state for petroleum Dr. Ibe Kachikwu, Olorogun Otega Emerhor and the court sacked Jones Erue, Chief Great Ogboru, Senator Ovie Omo Agege, Rt. Hon. Victor Ochei and  Ayiri Emami with the aggrieved elders of the party conspicuously missing saw Ogboru vehemently objecting the approach adopted by Oyegun in resolving the crisis.

He was reported to have warned that such move which is deliberately arranged by Oyegun to scheme out the elders of the Party in the state will end up fuelling more crisis owing to the large number of party faithfuls at the grassroots who are sympathetic and loyal to the group but his submission which was in sync with that of Sen. Omo Agege was turned down by Oyegun.

Reacting to the outcome of what he termed a pre arranged meeting, a vocal member of the party, Chief Ovie Onoriode whom his group “The Concerned Deltans in APC” last week threatened to declare Oyegun a Persona Non Grata in the state due to his open bias mind in the crisis, said that the outcome of the Kangaroo meeting is not different from what they envisaged.

He again accused Oyegun of causing a monumental embarrassment to the President Muhammadu Buhari and the APC family in general. He wondered how a National Chairman who means well for the party and has mutual and equal respect for all party members as enshrined in the party constitution will shun the main dramatis personea in the whole crisis and claim that he is seeking for peace.

He said ” It is a shame that Oyegun can ridicule the judgement of a court of competent jurisdiction just because he wants to please a few money bags. Where on earth can anybody who is sincere and committed to fostering peace and unity in any crisis initiate a meeting without bringing in the both parties to the roundtable? This is a clear testimony to the lack of managerial acumen in our National Chairman as argued by many party members across the country”.

Apart from that, the vocal activist insisted that unless President Buhari and other prominent party leaders come out from their silence and interfere in the way and manner Oyegun has been running the party, APC is heading to collapse before 2019 and warned that the younger ones will hold them responsible for it.

He pointed out that him and his large group will not see the decision reached at the meeting as that of the NWC of the party but a mere meeting of Oyegun and his friends because the NWC met on Tuesday while Oyegun hosted few of his friends from Delta state to a lunch party on Wednesday.

He called on Oyegun to thread with caution reminding him how the blunt refusal of the leadership of PDP to pacify and assuage the political reservations of just 5 Governors initiated the implosion of the party which they have not still recovered from till date.

Kashamu asks court to stop FG’s move to abduct him.

The Senator representing Ogun West in the Senate, Buruji Kashamu, yesterday asked the Federal High Court sitting in Abuja to stop the Federal Government from forcefully abducting and transporting him to the United States of America to face drug related criminal charges.

Joined in the suit are the Attorney General of the Federation (AGF) and the Chairman of the National Drug Law Enforcement Agency, NDLEA.

Kashamu, through his counsel, Charles Ndukwe, told Justice Gabriel Kolawale that since July when the court put on hold any plan to abduct him, the defendants have been making clandestine moves to get him to the US at all cost to face trial on hard drug offences.

The counsel informed the court that unless an injunctive order was made against the defendant, the fundamental rights of his client would be jeopadised.

Justice Kolawale, however, queried the counsel on the allegation on the grounds that no evidence of forceful abduction had been placed before the court.

Court Dismisses Saraki’s Appeal Against CCT

The Court of Appeal in Abuja has again affirmed the jurisdiction of the Code of Conduct Tribunal to try the Senate President, Dr. Bukola Saraki on charges bordering on assets declaration breaches before the Code of Conduct Tribunal.

Delivering judgment in the appeal filed by Saraki, the Justice Abdul Aboki-led panel of the appeal court on Thursday affirmed the CCT’s jurisdiction after dismissing the appeal filed by Saraki challenging his trial before the tribunal.

All the four other members of the panel unanimously agreed with the lead judgment delivered by Justice Aboki? who resolved all the eight issues formulated for determination against Saraki.

In affirming the earlier ruling of the Danladi Umar-led CCT that affirmed the tribunal’s jurisdiction, Justice Aboki held among others that contrary to Saraki’s contention, the Attorney-General of the Federation had the power to institute charges against him before the CCT.

The appeal court also held that under the Constitution, the Code of Conduct wa?s not under any obligation to invite the appellant to enable him to make written admission of breaches in his asset declaration forms before charges could be initiated against him.

It held that the tribunal had rightly departed from its earlier decision exonerating a former Governor of Lagos State and National Leader of the ruling All Progressives Congress, Bola Tinubu? on account that he was not invited by the CCB to confront him with the allegations levelled against him.

The court also held that the fact that the charges were initiated 13? years after the offences were allegedly committed was immaterial.

Justice Aboki described the contention as sentimental which the court had been enjoined not to delve into.

This was the second time the appeal court would be delivering judgment on the same subject matter of jurisdiction of the CCT to try the Senate President.

The Court of Appeal had last year ruled against Saraki on the jurisdiction of the CCT and asked him to proceed to face the 16 counts preferred against him.

The judgment of the appeal court was validated by the Supreme Court in February.

Credit:

http://punchng.com/breaking-appeal-court-dismisses-sarakis-cct-trial/

Court To Hear Patience Jonathan’s Suit Against EFCC In December

A Federal High Court in Lagos on Wednesday fixed Dec. 7 to hear a suit by ex-First Lady, Mrs. Patience Jonathan, against the Economic and Financial Crime Commission, seeking to unfreeze her account.

Other respondents in the suit are Skye Bank and a former Special Assistant to ex-President Goodluck Jonathan, Waripama-Owei Dudafa.

Also joined in the suit are Pluto Property and Investment company Ltd, Seagate Property Development and Investment Company Ltd, Transocean Property and Investment Company Ltd and Globus Integrarted Service Ltd.

The ex-first lady is demanding the sum of $200 million from the commission as damages for infringing on her rights.

She is also urging the court to issue an order discharging the freezing order and restrain the EFCC and its agent from further placing a freezing order on the said accounts.

When the case was called on Wednesday, Mr. Rotimi Oyedepo, announced appearance for the EFCC, while Mr. Granville Abibo (SAN) appeared for Jonathan.

Addressing the court, Oyedepo informed the judge that the case was coming up for the first time, adding that some of the respondents had yet to be served with the court’s processes.

He said the case was not yet “ripe for hearing”, having been served with the processes on Oct. 19 and is yet to file a response.

His submission was, however, not contested by counsel to the plaintiff.

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http://punchng.com/court-hear-patience-jonathans-suit-efcc-december/

Court Jails Prophetess For Forging Land Documents

A Chief Magistrate’s Court sitting in Akure, the Ondo State capital, has sentenced a prophetess, Felicia Oyelade, to two years’ imprisonment for forging land documents and selling same to unsuspecting members of the public.

The 59-year-old prophetess was said to be in charge of the Christ Apostolic Church, Ori Oke Basiri, along Idanre Road, Akure.

She had been standing trial on one count of forgery since 2013 following an allegation that she altered documents showing on agreement between her late husband, Olasunkanmi Oyelade, and the complainant in the matter, Mr.  Isaac Babalola.

According to the prosecution counsel, Mr. Adewale Bamisile, the convict altered the original documents to read 12 hectares of land purchased at a cost of N35,000, instead of 7.871 hectares purchased for N25,500 by her late husband in 1977.

The prosecutor had said, “Oyelade’s shady deeds was exposed when she sold a portion of the land around Preston College, along kilometre 4, Akure-Owo Road, Akure, to an unsuspecting buyer with the forged document after the same land had been sold to another person by the rightful owner and complainant in the matter, Mr. Isaac Babalola.”

Oyelade had pleaded not guilty to the charge of forgery levelled against her, saying she was part of the transaction between her husband and Babalola’s family when the land was bought.

She said the documents were found in her husband’s room after the demise of her husband and that she had relied on it to sell the land to the people.

After a plea for leniency because of Oyelade’s “teeming dependants and the church she was leading” by the convicts lawyer, Mr.  Dele Ibitayo, the presiding magistrate, Chief Magistrate Olubukola Kuye, ordered that the altered documents be destroyed.

Credit:

http://punchng.com/court-jails-prophetess-forging-land-documents/

Why Always Me: Another Supreme Court Justice accuses Amaechi of bribery.

The last of the two justices of the Supreme Court arrested during the invasion of the residences of the justices of the court by the Department of State Security Service, DSS, Justice Sylvester Ngwuta, yesterday accused the former governor of Rivers State and now, Minister of Transportation, Mr. Chibuike Rotimi Amaechi of masterminding the operation.

Also yesterday, the Nigerian Bar Association, NBA called on the judges accused of corruption to cease adjudicating on cases until the allegations against them are cleared.

The president of the umbrella body of lawyers called on them to purge themselves of the allegation before sitting in judgement on cases.

Justice Ngwuta, in a letter addressed to the Chief Justice of Nigeria, Justice Mahmud Mohammed, said that Amaechi had approached him in 2013, where he asked him to set aside the election that produced Mr. Ayo Fayose as governor of Ekiti State and replace him with the former governor of Ekiti State who is now the minister of Solid Minerals, Kayode Fayemi.

He also said in the letter that Amaechi had also attempted to influence other Justices on the Rivers election panel.

Ngwuta said: “My present plight started sometime between 2013 and 2014. I represented the then Chief Justice of Nigeria in an event organised in the International Conference Centre.

“Honourable Rotimi Amaechi came in late and sat next to me at the high table. He introduced himself to me and we exchanged contacts. A few weeks after, Fayose’s case was determined in the Court of Appeal.

“Amaechi called me by 6.45 am. He said he had come to see me but was told I had left for my office. When he said he would return in the evening, I demanded to know what he wanted but he would not tell me.

“He did not come that evening but came the following morning when I was already prepared to go to work. He begged me to ensure that Fayose’s election was set aside and another election ordered for his friend Fayemi.”

My wife is dating my pastor – Husband tells court

Worried by his wife’s adulterous acts, Mr Kolawole Okeeyi, a businessman, on Wednesday approached the Igando Customary Court in Lagos to terminate his 31-year-old marriage.

Okeeyi, 51, accused his wife, Funmilayo, with whom he had five children of infidelity.

“My wife is having an affair with my pastor, I got to know when I did not have credit on my phone and wanted to use her phone to call our pastor to report her for starving my mother of food.

“I picked her phone and I saw on the screen “sent message”. I mistakenly clicked on it and the message opened, I saw several love messages my wife sent and received from our pastor.

“I showed her the messages when she came in, but she begged me, I seized the phone and later confronted our pastor with those text messages, but he told me to do my worst.

“I also caught her with my brother in a hotel in Oyo State; I wanted to ignore them, but I later confronted them so that they will not deny later,” he said.

The petitioner said his wife was after his life and that he had been attacked on two occasions.

“In Aug. 20, 2013, I got to the front of my gate, as I honked for my children to open the gate, suddenly three men jumped down from a motorcycle, pointing a gun at me.

“But for the timely intervention of the police, I would have been killed. When I entered my house, I told my wife what happened, but she did not say anything.

“Four months later, while coming from work, three men intercepted me, pointing a gun at me to come down and enter the booth, I complied and they drove me off.

“But luckily for me, my phone rang, one of them picked it, the caller addressed me as pastor and said that I should come to the church early that I will be ministering, but I am not a pastor.

“One of the guys said that they should not kill me that I am a pastor; that in the bible God said that they should not touch his anointed or do his prophet harm.

“After a hot argument among them, they stopped the car, stripped me naked and absconded with my car.

“A good Samaritan gave me clothes to wear. When I got home, I told my wife again about the incident, but she said nothing.

“That same 2013, my only three buses that plied Port-Harcourt, Akure and Abeokuta were involved in accident and were condemned, I again informed my wife, but no response from her,” he said.

Okeeyi said because of these calamities and threat to his life, he ran away from the house he built same year to start squatting with friends.

He pleaded with the court to dissolve the union that he was no longer in love as his life was no longer safe.

However, Funmilayo, 43, trader, denied all the allegations. She said she was not having an affair with any man.

“Those text messages on my phone were forged; I never sent nor received any love messages from our pastor.

“My husband saw me and his brother in a hotel, but we are not dating, his brother just followed me to book for a room when I went for a burial in Oyo State.

She accused her husband’s family of battery.

“When I was pregnant for our fifth baby, my husband’s family stormed our house, accusing me of having an affair, they beat me to pulp, in fact, I don’t know how I got to the hospital,” she said.

The mother of five boys begged the court not to grant her husband’s wish as she was still in love.

The Court President, Mr Adegboyega Omilola, adjourned the case to Nov. 29 for further hearing.

Judge Confronts Sambo Dasuki In Court Openly

Judge: Did you send any money to me; to any member of my family or through any counsel?
Dasuki: No, my Lord, except if the DSS agents, who are reporting the allegation did.

In a bid to make people believe that he never took a bribe from anyone, one of the judges arrested last week by the Department of State Services (DSS), Justice Adeniyi Ademola of the Federal Hiigh Court withdrew yesterday from the trial of former National Security Adviser, Sambo Dasuki.

Dasuki was arraigned before the court on September 1, 2015, accused of unlawful possession of arms and money laundering.

After some delay caused by the defence, the trial opened on May 18, with the prosecution calling its first witness, Samuel Ogbu, a senior DSS operative.

Ogbu told the court how the team he worked with interviewed Dasuki and obtained a statement from him in the comfort of his home on July 17, 2015. He gave details of how the team searched the ex-NSA’s private home in Asokoro, Abuja, recovered five Tavor rifles, one Lugar rifle, one micro Uzi rifle, various categories of ammunition and cash in both local and foreign currencies.

The trial was later stalled when the prosecution applied to have its other witnesses shielded from public glare to protect them from possible harm, an application the defence rejected, following which Justice Ademola scheduled ruling on the application for October 18.

Parties had expected the judge to deliver the ruling when proceedings opened yesterday, but Justice Ademola announces his withdrawal from the case, citing his trouble in the hands of the DSS.

Before withdrawing from the case, Justice Ademola said:

“I’m sure the prosecution and defence counsel are conversant with what is going on in the last seven days in this country. One of the allegations being made against me by the Department of State Security is that I received certain sums of unspecified money from the defendant.

“Of course, I have responded to that allegation of receiving unspecified sums of money from the defendant. But, it will be wise for him to answer some questions.”

Justice Ademola engaged Dasuki in a conversation:
Judge: “Do you know me at all or have come in contact with me?”
Defendant: “I don’t know you, my Lord.”
Judge: “Did you, at any time, give me money in respect of the ongoing trial?”
Defendant: “No, my Lord. I didn’t give you any money.”
Judge: “Did you send any money to me; to any member of my family or through any counsel?”
Defendant: “No, my Lord, except if the DSS agents, who are reporting the allegation did.”
Judge: “I am happy you have answered these questions. In the interest of fair hearing, I am minded to return the case file to the Chief Judge of the Federal High Court for further action.”

Lead prosecution lawyer Oladipo Okpeseyi (SAN) said: “We are guided by your Lordship’s decision, even though we had come for a ruling and continuation of trial.”

Teacher who slept with Pupil ‘Hundreds of Times’ Claims he Seduced Her

A teacher who has confessed to sleeping with a pupil “hundreds of times” claims he seduced her.

Mary Beth Haglin, 24, told Dr Phil in a new interview: “I am the victim.”

The brunette has admitted having sex with the 17-year-old almost every day for six months and sending him raunchy selfies.But Haglin, who took a job as a lap dancer in a strip club after being sacked from school, insisted: “The student is the one who seduced me.”

She claimed the teen swept her off her feet after coming on strong and wooing her with handwritten
notes and texts.Haglin said:

 “He did so with such intelligence and such an elevated vocabulary that I was completely duped by the whole facade. “He caught me in my weakest moments, and he used that to his advantage.“I did ignore a lot of that at first because obviously, I knew that it was illegal, not allowed, frowned upon – everything.”

 She decided to respond to one of the student’s messages after a big bust-up with her boyfriend and they started their physical relationship in October 2015, she said.

Haglin said she became vulnerable through a troubled relationship with her boyfriend.

Haglin told TV’s Dr. Phil:


“We had sex – almost daily – in his car, my car, his mom’s house, and his dad’s house.”
She said she tried to end the affair but claimed the pupil threatened to expose her if she tried to leave him.
She added:

“When things got way out of control, and I wanted out, he began saying ‘I will light a match and burn your life down.’”

Haglin said she was too scared to stop the relationship. But it ended after another student saw them together.
She was sacked as a substitute teacher at Washington High School, Cedar Rapids, Iowa, and was arrested after turning herself in to police in July.
She is charged with one count of sexual exploitation of a minor and her trial is due to start in November.
Daily Record

Court Sacks Two PDP Federal Lawmakers

An Abuja Federal High Court on Monday sacked two members of the House of Representatives from Enugu State for alleged wrongful emergence as flagbearers of the  Peoples Democratic Party, PDP, in the 2015 general elections.

The affected lawmakers are Stella Ngwu from Igbo-Etiti and Uzo-Uwani Federal Constituency, and Dennis Agbo from Igbo-Eze North and Udenu Federal Constituency.

Two other members of the party, Gabriel Okafor and Chijioke Ugwu, had approached the court after PDP conducted its primaries in December 2014, ahead of the 2015 general elections.

They argued in separate suits later merged by the court that Stella Ngwu and Denis Agbo’s emergence as flagbearers of the party was wrong, since they were not elected delegates to represent the party at the November 1 congress held in 2014.

The PDP and its National Working Committee were the 1st and 2nd defendants in the suits, while the Independent National Electoral Commission (INEC) was the 3rd defendant. Ms. Ngwu and Mr. Agbo were the 4th defendants in the two separate suits.

They prayed the court to declare the election of the fourth defendants null and void.

The trial judge, Okon Abang, held that the emergence of Ms. Ngwu and Mr. Agbo was unlawful.

He ordered them to vacate their offices and return to the treasury of the National Assembly all monies they had collected by way of salaries and allowances since they resumed office in the House.

Read More:

http://www.premiumtimesng.com/news/headlines/213034-controversial-justice-okon-abang-sacks-two-pdp-federal-lawmakers.html

EXCLUSIVE: Court issued Search Warrants used in nabbing corrupt judges released.

As mixed reactions continues to trail the arrest of Judges by the Department of State Security Service (DSS), evidences have emerged that the action of the Nigerian secret police was actually backed by the Search Warrants that were duly issued by the Magistrate Court of Abuja.
These documents were retrieved by Omojuwa.Com from an undisclosed source.
Below are copies of the issued warrants obtained by the SSS before the embarked on the raid on the allegedly corrupt judges:
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whatsapp-image-2016-10-12-at-9-55-20-pm

Suspect Defecates In Court To Evade Trial In Edo

There was pandemonium on Tuesday at the Magistrates’ Court complex in Benin, Edo State, when an 18-year-old man, Abudulahi Muhammed, defecated on his body and attempted to flee to evade trial.

It was learnt that Muhammed, who was brought to the court with other suspects, was about to have his case registered when some court workers observed that he had soiled himself with excreta.

He was brought to court to face trial for allegedly stealing four cartons of powdered milk.

An eyewitness said the 18-year-old suspect suddenly pulled off his trousers and took to his heels half-naked, causing confusion within the premises of the court complex.

He was, however, rearrested after the Investigative Police Officer, Aigbochie Iruonagbe, called for assistance.

Muhammed was later offered a bag of sachet water to wash himself before he was arraigned.

The police prosecutor, Thomas Ojo, told the court that the accused committed the offence on Mission Road, on October 8, 2016.

Ojo stated that the accused stole the items from one Favour Nwachukwu, saying the act was punishable under Section 390 (4) (a) of the criminal code.

The accused person pleaded guilty to the one-count charge on stealing.

Credit:

http://punchng.com/suspect-defecates-court-evade-trial-edo/

Defamation: Ex Rivers Governor, Peter Odili Sues Peterside, Claims N6bn Damages

THE former governor of Rivers State, Dr. Peter Odili, has dragged the governorship candidate of the All Progressives Congress in the 2015 election, Dr. Dakuku Peterside, to court for an alleged defamation of character.

Odili, who is claiming the sum of N6bn as damages in the suit, had stated that Peterside, who is the current Director General of the Nigerian Maritime Administration and Safety Agency, had defamed him through a newspaper publication (not The PUNCH) in February 2016.

The defendant was alleged to have said in a press conference that the State Governor, Chief Nyesom Wike, during a victory thanksgiving service, alleged that Odili helped him (Wike) to secure the judgement that gave him (Wike) victory.

But Odili had described the statement credited to Peterside as false and malicious, maintaining that Wike never said that he (Odili) helped him to secure election victory at the Supreme Court.

However, when the matter came up for hearing on Tuesday, Odili was asked to enter the witness box to adopt his witness statement.

Though the defendant and his counsel were absent in court, the Lead Counsel for the plaintiff, Kanu Agabi (SAN), told the trial judge, Justice Adama Iyayi-Lamikanra, that Peterside was properly served.

Iyayi-Lamikanra, however, adjourned till October 27, 2016, for further hearing of the case.

Speaking with newsmen shortly after court proceedings, Agabi said, “We sued for libel and we called our first witness. We have adjourned for cross-examination till the 27th of October, 2016.

“We felt defamed by their (defendant) publication and we are here to vindicate ourselves.

“You could see that the defendants were not in court, but they have been served; they have been properly served. The court would not have proceeded otherwise.”

Court revokes bail granted to ex-PHCN staff over alleged N5.5m fraud

Justice Jude Okeke of the Federal Capital Territory High Court, Abuja, has revoked the bail granted to Solomon Yakubu Ndam, a former staff of the Power Holding Company of Nigeria, PHCN, Abuja Electricity Distribution Company, who is standing trial on a 13 count charge of forgery, impersonation and obtaining by false pretence to the tune of N5, 540,000.00 (five million, five hundred and forty thousand naira) brought against him by the Economic and Financial Crimes Commission (EFCC).

Ndam allegedly obtained the money from some unsuspecting persons, claiming that he would help them acquire plots of land being sold by PHCN.

The offence is punishable under Section 364 of the Penal Code Cap 532, Laws of the Federation of Nigeria (Abuja) 1990.

However, the accused was granted bail by the court after he was arraigned on July 7, 2015 and the case went into trial.

The decision of the court to revoke his bail today was informed by the application by his surety, Tijani Haruna, to withdraw without giving the court any reason.

Justice Okeke, in granting his application, ruled that the accused person be remanded in Kuje prison pending the time he would get a new surety, adding that all documents belonging to Haruna be returned to him.

Thereafter, counsel to EFCC, Samuel Okeleke, entered his fifth prosecution witness, Olushola Adewumi.

Adewumi, a staff of the First Bank of Nigeria Plc, said he received a subpoena to produce certain documents and witness in the case.

“All customer details are captured in the bank’s database and we also demand that the customer furnish us with bank mandates which include his pictures, names and signature.

“We also produced the certificate of identification of the customer and the name of the account is Babatunde Kolawole”, Adewumi stated.

Justice Okeke adjourned to November 28, 2016 for ruling, while fixing October 25, 2016 for continuation of trial.

Rivers PDP vows to drag APC chair to court

Peoples Democratic Party, PDP, in Rivers State has threatened to drag the Chairman of All Progressives Congress, APC, in the state, Chief Davies Ikanya, to court over what it termed inflammatory statement aimed at demeaning the image of Governor Nyesom Wike.

PDP handed down the threat, yesterday, while reacting to a statement by Ikanya that Wike should take responsibility for the killing of a chieftain of the APC in Gokana Local Government Area of the state, Boris Neenwi, who was killed by gunmen, Monday.

Ikanya had said that “Neenwi is a strong ally of Senator Magnus Abe and staunch APC member. Until his assassination, the late Neenwi was a known critic of Wike and his ex-militant leader and collaborator, Solomon Ndigbara, who also hails from Yeghe community.”

Ikanya had said that Wike and his alleged ally were responsible for the killing of Neenwi and his companions in Nonwa Tai.

Reacting, the Publicity Secretary of PDP in the state, Mr. Samuel Nwanosike, described the accusation as irresponsible and capable of bringing about a breakdown of law and order in the state.

Nwanosike said: “We will take every step to press legal charges against Ikanya, so that he will know how to conduct himself in a democratic environment. We are going to press charges against him to serve as a deterrent to anybody that will want to overheat the polity in the state.

“We are calling on the security to do a thorough investigation into the killings in the state and make the report open for once so that the reports and accusations by the Chairman of APC will come to an end.

“It is unfortunate that Ikanya has shown lack of capacity to be the chairman of a political party in the state. How will the governor of the state connive with Solomon Ndigbara to take the life of any person?”

65yrs Old Prophet Charged To Court Over N3m Prayer Scam, Illegal Firearm

A 65 years old Prophet, Joseph Godfrey, was yesterday dragged before the Federal High Court sitting in Yenagoa over alleged three counts charge of unlawful possession of firearms and collecting money under false pretense.

Prophet Joseph Godfrey however pleaded not guilty on the three counts charge.
Prophet Godfrey, in the taking of plea, was accused of being in possession of a double barrel gun which was cut to size at the Kalakiri Compound in Edepie community of Yenagoa Local Government area of the State.

According to the charge,” that you Joseph Godfrey was on 13th May,2016 at Karakiri compound in Edepie community in Yenagoa local Government area of the State had in possession of a local barrel gun which was cut to a dangerous size and in contravention of the section 28 of the Firearms Act of the Federation.”

“That on the same date and the same venue, you, Godfrey Joseph was found in unlawful possession of five live cartridges.”

“That between May and December,2015, that you obtain under false pretense the sum of N2.5million from one Tubolayefagh. That under the claim that you are prophet of God, you claim that you will use your spiritual power and praye to produce one Ikechukwu that absconded with books belonging to your victim.

After taking his plea of not Guilty, the lead Police Prosecutor, F.O Ogiri sought the order of the Court to fix a date for trial and also remand the accused in the Federal Prisons.

Read More:

http://leadership.ng/news/553114/65yrs-old-prophet-charged-to-court-over-illegal-firearm-n3m-prayer-scam

8 In Court Over 1,000 Stolen Chickens

Eight persons on Tuesday appeared before an Osogbo Magistrates’ Court in Osun over the theft of 1,000 chickens from a poultry farm.

The accused include Odebiyi Yinka, 20, Ayoola Samson, 20, Cecilia Ochilla, 35, and Elizabeth Akira, 30.

Others are: Oyelami Tajudeen, 30, Regina Philip, 40, Grace Odelia, 35, and Akira Hanna, 24.

The accused and others at large are facing charges bordering on stealing.

The Prosecutor, Insp. Taiwo Adegoke told the court that the accused committed the offence between the months of May, June and July at Erin-Osun, Osogbo.

Adegoke said the accused conspired with others now at large to steal 1, 000 chickens owned by one Mrs Titilayo Akulo.

He said that Odebiyi and Ayoola, who are co-workers at Aluko Poultry Farm, conspired to steal 1, 000 chickens valued at about N1.5 million.

The prosecutor said the accused sold the chickens to the six other persons at the total sum of N1.2 million.

He said the offences contravened Sections 516, 390(9), 383(9) and 427 of the Criminal Code cap 34 Vol.11, Laws of Osun, 2003.

The accused, however, pleaded not guilty.

Counsel to the accused, Mrs Bose Dada, prayed the court to grant her clients bail in the most liberal terms.

The Magistrate, Mr Olusola Aluko, granted the accused bail in the sum of N 100,000, with two sureties each in like sum.

Aluko said the sureties must reside within the court’s jurisdiction.

He adjourned the case to Nov. 25, for hearing.

Credit: NAN

Again, SSS Fails To Produce Dasuki In Court.

The Federal Government has again failed to produce the former National Security Adviser, Sambo Dasuki, before an Abuja High-Court for trial.
Mr. Dasuki is accused of money laundering and corruption.

He was charged along with five others before Justice Peter Affen, and was granted bail. He was re-arrested and kept in custody of the State Security since December 2015.

Others being prosecuted along with the former NSA include a former Director of Finance in the Office of the NSA, Shuaibu Salisu, a former finance minister of state, Bashir Yuguda; a former Sokoto governor, Attahiru Bafarawa, the ex-governor’s son, Sagir Attahiru, and a firm, Dalhatu Investment.
At the resumed trial Thursday, counsel to the Federal Government, Rotimi Jacob, told the judge that he was surprised that Mr. Dasuki was not brought to court by his client.

Mr. Jacob said on his part he notified the Economic and Financial Crimes Commission (EFCC) on the trial and the need to produce Mr. Dasuki in court, but said that communication gap between the EFCC and SSS was responsible for non-production of the former NSA in court.

Mr. Jacob applied to Justice Affen to stand down the case for him to enable his client to produce Mr. Dasuki in court.
He could not give a definite period within which the EFCC would bring the ex-NSA to court.

The action of the prosecution provoked reactions from Olajide Ayodele (SAN) counsel to former Minister of State for Finance, Mr. Yuguda, who opposed the request.

The senior counsel said the failure of the prosecution to give a definite time within which Mr. Dasuki would be brought to court by either EFCC or SSS was an indication that he haD no knowledge of what was transpiring between the EFCC and DSS on the matter.
Mr. Olajide therefore pleaded with the judge to adjourn the trial.

His position was adopted by Jacob Daudu, who stood for Mr. Dasuki and regretted that the government which put the ex-NSA on trial was the one scuttling the trial.

Mr. Daudu said since June when the matter was adjourned, the EFCC which initiated the trial on behalf of the Federal Government ought to have known that it its responsibility to produce Mr. Dasuki in Court as required by the law.

Former Attorney General of the Federation and Minister of Justice, Akin Olujimi, who stood for former Sokoto Governor, Attahiru Bafarawa, also opposed the request to stand down the case without a definite time.
He pleaded for an adjournment.

In his ruling, Justice Affen agreed that it would be unfair to stand down the case without a definite time within which Mr. Dasuki would be produced in court.

The judge advised the government to ensure Mr. Dasuki is in court, and adjourned the matter till October 21, 2016.

Rape Suspect Attempts Suicide In Court

There was mild drama at the Rivers State judiciary complex yesterday, after a 38-year-old man, Ibinabo Franklyn, who is being accused of raping his 17-year-old daughter, attempted to kill himself.

The Chief Magistrate, F.N. Amanze, Esq, had ordered that the accused person be remanded in the Port Harcourt Maximum Security Prison custody and referred the case file to the director of Public Prosecution, DPP, for advice, adjourning the matter to December 23, 2016 for mention.

Shortly after the Chief Magistrate rose and the accused was handcuffed and was being led out of the court, that  he got hold of one of the tiles which were brought to the court probably as exhibit, broke it and started stabbing himself in the throat.

Not satisfied, the accused went ahead and got hold of a bottle, continued stabbing and knocking himself on the wall. It took the intervention of some security operatives who went through the back door and got hold of him.

The accused was said to have had canal knowledge of his biological daughter, who is also a product of rape, on the 23rd of this month at Okujagu  community in Port Harcourt local government area of the state.

It was gathered that the accused had chained his daughter in the house and left a bucket where she could urinate, then locked her up and went to work after raping her, so that she would not escape.
According to one of the officers, it took the intervention of neighbours who broke into the house and rescued the girl.

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Unemployed Man Docked For Stealing Spaghetti

A 29-year-old unemployed man, Monday Suileman, who allegedly sneaked into a shopping plaza and stole three cartons of spaghetti, was on Thursday charged before a Badagry Chief Magistrates’ Court in Lagos State.

The accused, who resides at No. 2, Adewusi St., Ajara Dokoh area of Badagry, is facing a charge of stealing.

Prosecutor Innocent Uko told the court that the accused committed the offence at Ajun Plaza in Gbaji area of Badagry, but did not state when the offence was committed.

Uko said the accused stole the items from the shop of the complainant, Miss Gbemi Adoveh.

“The accused went into the shop in the plaza and as soon as he noticed that there was no one there, he took three cartons of Spaghetti but he was immediately apprehended by the shop owner.”

The offence contravened Section 285 of the Criminal Law of Lagos State 2011.

The accused, according to the section, may be sentenced to three years in jail on conviction.

The accused, however, denied the charge.

Mr Remi Ajose, counsel to the accused, urged the court to grant him bail, saying he will not jump bail.

In his ruling, Magistrate Abiodun Etti granted the accused bail in the sum of N50,000 with a surety in like sum.

Further hearing has been adjourned to Oct. 7.

Budget Padding Scandal: Jibrin vows to upturn suspension in court

Following his suspension by the House of Representatives, Abdulmumin Jibrin, on Wednesday night said he would seek redress in court.

The House on Wednesday afternoon slammed 180 legislative days —a full session— suspension on Mr. Jibrin after being found guilty of violating ethics and privileges of lawmakers.

Mr. Jibrin through his widely publicised allegations of budget fraud against the Speaker of the House and over a dozen other lawmakers had stirred controversies and subjected the House to public scrutiny since July.

But the lawmaker remained defiant, saying he had done nothing wrong and, as such, will not apologise.

“Let me say, I will never ever apologise to anybody in the House of Representatives,” Mr. Jibrin said in a statement. “I did not commit any offence.”

Mr. Jibrin’s allegations against Speaker Yakubu Dogara and others stemmed from his ouster as the chair of the much-coveted Committee on Appropriation.

Mr. Dogara announced Mr. Jibrin’s removal shortly before the House proceeded on an eight-week-long recess July 20, citing budget fraud and serial betrayal of trust.

On September 21, barely a day after resuming, Mr. Dogara’s loyalists moved a motion at the plenary seeking disciplinary actions against Mr. Jibrin.

Emmanuel Orker-Jev, a lawmaker from Benue, proposed tough sanctions against Mr. Jibrin for the damage his allegations had wrought on the House.

The image of the House has never been worse than this before. Hon. Jibrin was reckless and the allegations were false. He knew that the allegations were false and scandalous and he had no regards at all to whether the allegations were true or false,” Mr. Orker-Jev said.

The House subsequently assigned the matter to its Ethics and Privileges Committee for further investigation and to report back within a week with its findings and recommendations.

Nicholas Ossai, chairman of the committee, convened the first hearing on the matter September 23, during which Mr. Orker-Jev submitted his evidence against Mr. Jibrin.

Mr. Jibrin received an invitation to appear before the committee on Monday. But he decided to boycott the hearing, even though his demand that the sitting be thrown open to the public was met by Mr. Ossai.

Mr. Jibrin also asked his lawyer, Femi Falana, to seek discontinuation of the committee’s activities saying continuing  would amount to subjudice as the matter was in court.

Mr. Ossai said Mr. Jibrin’s failure to appear before his “properly and constitutionally constituted committee” was, in effect, a defence.

The report of the committee was laid before the House plenary at noon on Wednesday.

By 2:30 p.m., the House voted to adopt the recommendations of the committee as read out by Mr. Ossai on the floor.

The recommendations included a 180-day suspension, a formal letter of apology and a removal of rights to hold position of responsibility through the span of the current 8th National Assembly.

Although analysts said it was draconian and counterproductive, Mr. Jibrin’s, nonetheless, saw a bright spot in his suspension.

“At this point, I must say they freed me up to concentrate on the matter in court,” Mr. Jibrin said. “I know the suspension is not going to stand, secondly, I’m going into a massive alliance with civil society groups, NGOs and well meaning Nigerian to continue to press ahead.”

Analysts also said Mr. Jibrin’s suspension did not resolve the questions of what the House would do about the allegations of budget fraud confronting it.

House spokesman, Abdulrazak Namdas, did not respond to PREMIUM TIMES’ request for comment about this Wednesday night.

A top lawmaker in the House said the lawmakers will not consider Mr. Jibrin’s allegations since he didn’t present anything before them.

“I understand people want his allegations investigated,” the source told PREMIUM TIMES Wednesday night. “But don’t forget he didn’t present them before us.”

“He had an opportunity to do this last week when someone raised a motion for his suspension, but instead walked out in a show of arrogance.”

Mr. Jibrin is the first lawmaker to be suspended since 2010 when Dino Melaye and 10 others were found guilty of breaching House ethics and privileges.

West Idahosa, Austin Nwachukwu, Gbenga Onigbogi, Doris Uboh, Gbenga Oduaye, Independence Ogunewe, Solomon Achinawhi, Kayode Amusa, Anas Abass, and Bitmus Kaze received indefinite suspension alongside Mr. Melaye on June 22, 2010 under the speakership of Dimeji Bankole.

Mr. Melaye is now a senator representing Kogi West.

In the 4th National Assembly, 1999 -2003, two senators, Arthur Nzeribe and Joseph Waku, were suspended for ethical misconduct.

Mr. Jibrin’s suspension would see him barred from the premises of the National Assembly in the course of the disciplinary action. His office will be sealed and will not receive salaries or allowances.

Nigerian Doctor Who Asked Patient ‘Do You Like Big Ones Or Small Ones?’ Is Suspended In Canada

A tribunal has found Dr. Adekunle Williams Owolabi guilty of all four professional misconduct complaints lodged against him and suspended his licence to practise for six months.

The decision was given Monday in St. John’s, at the professional misconduct hearing against Owolabi conducted by a tribunal panel established by the College of Physicians and Surgeons of Newfoundland and Labrador.

At an earlier hearing, Labrador teacher Arlene Johnson testified that when she visited Owolabi for a pelvic exam he made comments that she believed were sexual.

She also said that after the test, he hugged her and whispered in her ear: “You have a beautiful c–t,

does your husband tell you that?”

Another complainant testified that during a pelvic examination, Owolabi asked, “Do you like big ones or small ones?”

She said Owolabi made the comments while she was pregnant, undressed from the waist down, and had her feet in stirrups. There were two female secretaries in the room at the time, she said.

The tribunal said Owolabi’s inappropriate comments and touching of patients showed a lack of respect for the dignity and privacy of patients, which it determined constituted professional misconduct deserving sanction.

Owolabi was given a six-month suspension of his medical licence. The tribunal ordered that he have a chaperone present when he sees female patients for two years after returning to practise.

In addition, he must take a training course about respecting patients and was ordered to pay $75,000 towards the costs of holding a hearing.

S’Court Begins Hearing on C’River Guber Polls Tussle On Tuesday

The Supreme Court sitting in Abuja will on Tuesday commence hearing in the governorship legal tussle between an aspirant, Mr. Joe Agi (SAN) and the Governor of Cross River State, Ben Ayade, of the People’s Democratic Party (PDP) and INEC.

A notice of hearing issued by the Supreme Court Head, Litigation Department, Mr. Ibrahim Gold in Calabar states; “take notice that the above Appeal (SC256/2016) will be listed for hearing before the Supreme Court of Nigeria sitting at 9.00am on Tuesday 27th day of September, 2016”.

Agi had in a pre-election matter dragged Senator Ayade and others to the Federal High Court claiming among other things that Ayade was parading different and conflicting age declarations and by the Constitution of the party, he was not qualified to fly its flag as the governorship candidate and as such he (Agi) who came second in the primaries should be declared as the legible candidate of the party.

Agi lost the matter at the High Court in a judgment by Justice Abdul Kafarati on July 31, 2015 in Suit No. FHC/ABJ/CS/25/2015 who dismissed the case on grounds that the matter was not proved beyond reasonable doubt. The three Court of Appeal Judges led by Justice Tinuade Akomolefe in a later judgment upheld this judgment.

Agi had argued that “the decision of the lower courts upholding the preliminary objections of the first (PDP) and third (Ayade) respondents only dealt with one ground of the Appellant’s case without considering the ground of the Appellant’s case bordering on presentation of conflicting age (s) declaration by the third Respondent to the first Respondent contrary to Article 14 (b) and 15 (2) of the Electoral Guidelines for the Primary Elections 2014 of the People’s Democratic Party (Exhibit JA5) and the Electoral Act”.

Unbelievable! Mom Goes Clubbing With Colleagues Leaving Toddler Alone In Car

This shocking photo shows a hysterical toddler screaming for help after being left in a locked car while his mother went clubbing with her work colleagues.

In astonishing scenes, a dramatic confrontation erupted between the party animal parent, 25, and a group of concerned bystanders who called the police.

One angry man damaged the woman’s car resulting in her reporting him to the cops for vandalism. The two-year-old’s cries were said to be heard by the group of passers-by in the early hours of


Sunday morning.

When they found the distraught child locked in the vehicle without any adult supervision they phoned the authorities.

The police, who arrived at the scene shortly after, called a mechanic to bust the frightened toddler out of the car before the clubbing-fanatic mother turned up 20 minutes later.

The police in Schaffhausen, Switzerland, said in a statement that the mother had left the child so that she could party at a nightclub with her workmates.

They said the young woman faces charges for “dereliction of the duty of care of her child in front of the public prosecutors”.

I Married A Thief, Husband Tells Court

A 42-year-old businessman, Livinus Uwa, has told an Igando Customary Court in Lagos that he married a thief.

Mr. Uwa made this known when he testified in his divorce petition against his wife, Chineye, on Wednesday in Lagos.

He urged the court to dissolve his four-year-old marriage to Chineye because of her penchant for stealing his money in the wardrobe.

“I married a thief,” he said. “On severally occasions, my wife stole my money from my wardrobe, rendering me broke. The last time she burgled my room and stole N350, 000.”

“I reported the theft at the police station and she confessed to the theft, but the money was not recovered.

“I have reported all her attitudes and stealing habits to both families, they called her but she refused to change,’’ he said.

The petitioner accused his wife, who failed to appear in court after several summonses of abandonment, adding that since they married, Chineye had been appearing and disappearing.

“When she was pregnant, she left the house to an unknown place and came back after she was delivered of the baby.

“She abandoned our baby when she was 10-month-old. I have to engage a baby sitter to take care of her. When the baby was two years, I enrolled her in school and my wife reappeared,” he said.

He described his estranged wife as a lazy and dirty woman, adding that “Chineye is lazy, she cannot cook, wash or sweep and I do the house chores.

Mr. Uwa pleaded with the court to dissolve the marriage, since he could no longer condone her stealing habits, adding that he was no longer in love with her.

In his judgment, President of the court, Adegboyega Omilola, dissolved the marriage.

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Ekiti Court Sentences Herdsman To Two Years Imprisonment For Grazing

A Chief Magistrate’s Court sitting in Ado-Ekiti has sentenced one Ali Haruna to two years imprisonment for taking his cows for grazing in a farmland and destroying crops.

The Magistrate, Idowu Ayenimo, in his judgement, said the accused was arraigned in his court on Jan 22, 2016 over a two-count charge of wilful and unlawful damage of farm crops at Ago Aduloju in Ado-Ekiti.

The 18-year-old Haruna was confirmed by the four prosecuting witnesses to have been caught in the midnight grazing his cow in the farm belonging to Abdulahi Yaho and Bello Mohammed.

The cash crops said to have destroyed by the cows in the farm included cassava, maize, okro and pepper, all valued at N3 million.

In his defence, the defendant had told the court that the owner of the cows lived in Ilorin, Kwara.

The magistrate said that the court did not believe Haruna’s defence as it was not credible.

He held that the police prosecutor, Mr Olasunkanmi Bankole, had proved his case beyond reasonable doubt.

He thereby convicted the defendant as charged without option of fine.

The magistrate ordered that sentence should run concurrently, explaining that the term was minimal because the offence was committed before the Grazing Law was promulgated in the state.

The defence counsel, Mr Chris Omokhafe, had prayed the court to be liberal in the dispensation of justice, saying that he was a first offender.

Credit: NAN

Court Strikes out Suit Challenging Buhari’s Appointment Of Hameed Ali as Customs Boss

Justice Muslim Sule Hassan of the Federal High Court in Lagos has struck out a suit filed by Lagos based lawyer Activist Ebun Olu Adegboruwa challenging the appointment of Col Hameed Ali (rtd.) as Comptroller General of the Nigeria Custom Service.

Adegboruwa in the suit filed in November 2015, prayed the court to determine if President Buhari can appoint anyone as comptroller general of customs without complying with section 3 of the Official Gazette of the Federal Republic of Nigeria made on 25th March 2002, wherein it was stipulated that only those within the rank of Deputy Comptroller General of Customs can be elevated as substantive Comptroller General.



Striking Adegboruwa’s case out, Justice Muslim Sule Hassan ruled that Adegboruwa lacked the locus standi to file the case because he is not a member of the custom service. He also held that the president by the virtue of section 5 of the 1999 constitution has the executive power to make appointment.

Justice Muslim Sule Hassan of the Federal High Court in Lagos has struck out a suit filed by Lagos

Court Grants Bail To Man Who Allegedly Raped 12 Year Old Girl

A Surulere Chief Magistrates’? Court in Lagos on Friday granted bail to a 40-year-old man, Friday James, in the sum of N500,000 for allegedly defiling a 12-year-old girl.

The Chief Magistrate, Mrs Ipaye Nwachukwu, ordered the accused to provide two sureties in like sum.
Nwachukwu said that one of the sureties must be blood relation of the accused while the other must not be a civil servant not below GL-14.

She said that the accused must deposit N100, 000 to the chief registrar’s account, and adjourned the case till Sept. 9 for mention.
James, a resident of No. 15B, Onakoye Str., Sari-Iganmu, Lagos, pleaded not guilty to a one-count charge of defilement.
Prosecutor Anthonia Osanyade told the court that the accused committed the offence at Sari-Iganmu, Lagos, at about 6.00 p.m., on Aug. 20.
Osanyade said that the accused sent the girl to buy N20 pure water for him.
“On her arrival, James dragged her into his room when she stretched her hand to give him his change and forcefully had sex with her,’’ she said.
She said ?the offence contravened Section 137 of the Criminal Laws of Lagos State, 2011.
Credit: dailytrust

Funds Diversion: Orubebe’s Arraignment Stalled Again

The absence of former Minister of Niger Delta Affairs, Godsday Orubebe, stalled his arraignment for alleged involvement in the diversion of about N2.3 billion public funds on Tuesday.

Orubebe, Oludare Lawrence Alaba (an Assistant Director, Ministry of Niger Delta Affairs), Ephraim Tewolde Zeri (Director of Contracts in Gitto Costruzioni Generali Nigeria Limited and the company are listed in the six-count charge marked: CR/265/2016, filed by the Independent Corrupt Practices and other Related Offences Commission (ICPC).

They are accused of diverting the N2.3 billion meant for the compensation of property owners to be affected by the Federal Government’s dualization project of Section IV of the East West Road.

This is the second time Orubebe and others’ arraignment will be shifted to a later date.

They were initially scheduled to be arraigned before Justice Olukayode Adeniyi of the High Court of the Federal Capital Territory (FCT) on August 18.

It was shifted to August 30 when prosecution lawyer, Osuobeni Akponimisingha told the court that the ICPC was yet to effect service of the charge on all defendants.

Akponimisingha told the court again on Tuesday that two of the defendants – Alaba and Zeri – were in court.

He noted that Orubebe was not in court despite the fact he had been properly served with the necessary court documents.

Orubebe’s lawyer, F. Zimuan, told the court that his client was absent in court because he is indisposed.

“His (Orubebe’s) absence is not deliberate. He suddenly took ill. He had domestic accident, which affected his ankle and wrist,” Zimuan said.

He said the development had cumulative effect on his hypertensive client, who had since been rushed to the hospital.

Pastor In Court For Allegedly Marrying Mother, Daughter

A pastor, Timothy Ngwu, was on Monday docked at an Enugu North Magistrates’ Court for allegedly marrying another man’s wife, daughter as well as another woman.

The pastor’s wife, Veronica Ngwu, was said to have petitioned the court over the development.

The victims whom Mr. Ngwu converted to his “wives” were said to be members of his church: Gods’ Favour Ministry, Nsukka.

One of the victims, Calista Omeye, however, told the court that her husband, Fidelis Omeye, had persuaded her to meet the pastor as he wanted her to do the will of God through the pastor.

“My husband was a member of the church and he introduced me to the church, because he said that the pastor had a revelation for me (Calista),” Mrs. Omeye said.

She said the revelation had to do with the will of God “but he later left the church but I refused to leave the church with him.

“I have 10 children for him and we were all members of the church before he quitted and I had a baby for the pastor but the baby died after some weeks,” she told the court.

She said that it was with her husband’s consent that their daughter was given to the pastor in marriage.

“It is not true that I gave out our daughter in marriage to the pastor without the consent of my husband, he was aware of everything,” she said.

Mr. Ngwu, who hailed from Ihe-Owerre, Nsukka, was absent from the court as he was said to be on admission at a hospital in Enugu.

The presiding magistrate, R.I. Oruruo, adjourned hearing in the matter to September 26.

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Zaria Clash: Court Declines To Grant El-Zakzaky Freedom

A Federal High Court, Abuja, has declined the application of Sheikh Ibrahim El-Zakzaky, seeking his immediate release from detention by the Department of State Service (DSS).
El-Zakzaky is the leader of Shi`a Movement in Nigeria.

Justice Okon Abang, the vacation judge, who declined the application, had in the past one week refused the applications of Rep. Abdulmumini Jubril’s house planned suspension.

The others were application from his kinsmen seeking stoppage of the appointment of the Managing Director and commissioner into NDDC board and a suit into Oron Federal constituency.


Abang said that Zakzaky ought to have obtained the leave of court for the matter to be heard during
vacation.

He explained that the applicant failed to serve the DSS, the Inspector General of Police and the Attorney General of the Federation joined as respondents.

He said, no matter the urgency of the matter, the applicant ought to have serve the respondents.

The judge said that the matter was initially assigned to Justice Gabriel Kolawole by the Chief Judge of the Federal High Court.

Abang, therefore, said that the application was not competent and struck out the application.
Counsel to El-Zakzaky, Mr Abubakar Masha, instituted the suit seeking for enforcement of fundamental human rights on behalf of his client.

30 Year Old Man Sentenced To Jail For Stealing Yam And Vegetables

Abeokuta Magistrates’ Court in Isabo, on Thursday remanded a 30-year-old man, Samodi Olorodo, in prison custody over the alleged theft of 18 tubers of yam and a bunch of vegetables.
The accused, who is of no fixed address, pleaded not guilty to the one count-charge preferred against him.

The Prosecutor, Insp. Olakunle Shonibare, told the court that the offence was committed on Aug. 1 at about 10:00 a.m. in the Oke-Odo Area of Osiele, Abeokuta.

Shonibare said the accused stole 18 tubers of yams valued at N10, 000 and a bunch of vegetables worth N50, property of one Mr Adeney Safiu.

According to him, at about 10:00 a.m. when the complainant got to his store, he saw the accused person coming out from his store with the tubers of yam and a bunch of vegetables on his head.

He was interrogated but he could not give a reasonable answer, which led to his arrest.

The prosecutor noted that the offence contravened Sections 516, 383 and 390 of the Criminal Code, Laws of Ogun, 2006.

The Magistrate, Mr Idowu Olayinka, ordered that the accused be remanded at the Federal Prisons, Ibara, to enable the police carry out more investigation.

He adjourned the case to Oct. 5, for further hearing.

Court Remands Teenager In Prison For Allegedly Raping His 5 Year-Old Niece

A Kano Magistrates’ court on Monday remanded Musa Abdullahi, 17, in prison custody for allegedly raping his 5-year-old niece.

Abdullahi was charged for rape, an offence which contravened section 283 of the penal code.

The prosecutor, Sgt. Suleiman Danladi, told the court that Jamilu Zaki from Kazaure LGA in Jigawa reported the case at Danbatta Police Division Kano, on July 2.

Danladi said that on July 1, at about 5 p.m., the accused, who resides in Birnin Kara Village, Danbatta LGA, decieved and lured his 5-year-old niece into a room at their family house in Birnin Kara village.

He said that the accused had unlawful sexual intercourse with the 5-year-old girl on different occasions and gave her N10.

The prosecutor said that the victim was rushed to Danbatta General Hospital for treatment.

The accused however pleaded not guilty to the charge.

The Chief Magistrate Muhammad Jibril ordered the accused to be remanded in prison custody and adjourned the case till Aug. 25 for mention.

Credit: NAN

My Husband Gives Me 10 Naira Feeding Allowance, Wife Tells Court

An Ojaoba Panel of Sharia Court of Arbitration in Ibadan on Friday heard that a man, Abdulrasheed Yusuf, gives his wife, Sidikat, N10 per meal as upkeep allowance for family of six.

Sidikat had asked the court to dissolve her 18-year-old marriage to Yusuf for alleged infidelity and starvation.

“He was giving me N10 as feeding allowance either as breakfast or lunch because he said he just lost his job.

“Even when he got another job, Yusuf did not change and in fact, the situation worsened as we continued to depend on concoction.

“Yusuf, most of the times fed on bread and egg with sardine while the children and I took gari or eba.

“My lord, right from the beginning of my stay with Yusuf as his wife, I started experiencing different kinds of bad treatment of which starvation was number one.

“Worst still, Yusuf started having sexual intercourse with my younger sister who came to assist me when I was sick and in fact impregnated her.

“My lord, I still managed to endure with him for 10 years and when I saw that things will not change, I moved out of his house.

“As if those are not enough, he could not pay for any of his children hospital bill, let alone mine.

“During our wedding, so as to make things easy for him, I barely requested him to give me my favourite Islamic music cassette as my bride price and I am ready to refund it,” Sidikat explained.

Sidikat also said that her husband impregnated her younger sister.

However, Yusuf strongly opposed the divorce, but failed to address any of the fundamental issues of starvation and infidelity raised by his wife.

“My lord, till the end of time, I am not parting ways with Sidikat.

“I am ready to welcome her back into my home any day anytime,” Yusuf said.

In his judgment, the President of the court, Sheikh Hamad Tirmisiyu, held that it was terrible for any husband to be so irresponsible to the extent of being unable to fend for his household.

He added that Sharia considered inability of a husband to adequately provide for his family as a wicked act and ungodly.

“Obviously, there is no true love between Sidikat and Yusuf because the husband cannot respond to the fundamental issues raised by the wife.

“Accordingly, Sidikat shall refund the Islamic cassette which stood as bride price on wedding day to Yusuf.

“The children shall determine who to stay with between Sidikat and Yusuf.

“In addition, Yusuf shall pay a monthly feeding allowance of N10, 000 for the upkeep of the four children until they are ready to stay with him,” he said.

Credit: NAN

Governor Fayose Loses Bid To Stop EFCC Investigations.

An ex parte order sought by Governor Ayo Fayose administration to stop the investigation of the finances of the state by the Economic and Financial Crimes Commission (EFCC) has been declined by an Ekiti State High Court sitting in Ado Ekiti.

 

The court, presided over by Justice Cornelius Akintayo refused to grant the order on grounds that all the defendants in the case should be put on notice to prepare for their defence at the court.

 

The judge consequently adjourned the suit to August 23 and ordered all parties in the suit to appear before him when the Motion on Notice would be heard.

 

The Ekiti State Attorney General and Commissioner for Justice, OwoseniAjayi, had filed the suit to stop the anti-graft-agency from investigating the accounts of the state government.

 

The plaintiffs also sought the relief on an order stopping the arrest of the Commissioner for Finance, Accountant General and the managers of the affected banks.

PDP Power Tussle: Court Reaffirms Sack Of Alimodu Sheriff

A high court in Abuja has upheld an earlier judgement sacking Ali Modu Sheriff as national chairman of the Peoples Democratic Party (PDP).

Danladi Ayuba, the plaintiff, sought to know the subsistence of Valentine Ashi’s judgment that sacked Sheriff as PDP national chairman on June 29.

Ashi had held that the process leading to the amendment of Article 47(6) of the party’s constitution did not comply with the provisions in Section 66(2) and (3) of the constitution, which was the basis for Sheriff’s emergence.

While moving a preliminary objection to the plaintiff’s application at the court on Wednesday, Oluyede Ajibade, counsel to Sheriff, said the originating summons were not served on them as required by law.

He challenged the jurisdiction of the court to entertain the matter, and sought an order from the judge to strike it out.

The counsel claimed that their appearance in court with less than 24 hours to prepare did not afford him fair hearing.

He lamented that they were refused access to the details of the processes in the court file, which would have enabled them to know what was going on and respond adequately.

“The matter was filed 7th August and your lordship wants to deliver judgement within seven days and we don’t know why,” he said.

“The defendant had no notice, we don’t know what are in the court files. The defendant has to be put on notice and given time to respond.

“He doesn’t have locus standi to bring the matter to this court. He is not PDP or Makarfi. Who is he? He seeking an Interpretation of a judgement and he is not a direct beneficiary. He has to establish a liability.

“What is the plaintiff business to know what Valentine Ashi’s judgment means?”

He said it was an internal political matter, which ought not to be brought to court, saying: “We urge your lordship not to accept the invitation to drag the court into a political matter.”

Responding, Uchenna Oparaugo, counsel to the plaintiff, opposed the defendant’s preliminary objection.

“The court has the jurisdiction to sit on the matter. As to the issue of fair hearing as enshrined in section in 36 of the constitution, he was properly put on notice,” he said.

He stated that the plaintiff is a registered member of the PDP.

He said though the issues had to do with members of a political party, his client could seek redress in court because it touches on fundamental issue of rights.

Oparaugo said they were not seeking an extension of Ashi’s ruling in this case before the court, but a redress.

“The plaintiff is at stake because as a member of the PDP he has the right to vie for any position or cadre of the party,” he added.

“The existing judgment that has not been appealed, the continuous conduct of the defendant (Sheriff) is hampering his interest.”

He urged the court to deliver judgement in the favour of the plaintiff.

After listening to the submissions, the judge dismissed the preliminary objection saying it lacked merit.

Sheriff’s counsel asked the judge to disqualify herself from the case, and also asked for an adjournment.

On the other hand, the counsel to the plaintiff opposed the defendant’s application, saying it was an to “arrest of justice.”

However, Nwamaka Ogbonnaya, the judge, validated Ashi’s judgment sacking Sheriff as PDP chairman.

“The judgement, having not been set aside, is still subsisting and their is no evidence that it has been set aside,” she said.

“Hereby is an order restraining the defendant from parading himself, convening any convention or conference on behalf of the party except the judgement is set aside.”

Budget Padding: Abdulmumin Seeks Court Protection From Arrest

In a dramatic twist to the row over the 2016 budget padding allegations causing disharmony in the House of Representatives, the hunter now appears to be the hunted, going by emerging development.

The erstwhile Chairman of the Committee on Appropriation, Jibrin Abdulmumin, who made the budget-padding allegation, has approached a Federal High Court in Abuja seeking an order to restrain the Nigerian Police from arresting him.

The respondents in the suit are the Nigeria Police, the Inspector-General of Police, the Commissioner of Police (FCT), Hon. Yakubu Dogara, Hon. Yusuf Lasun, Hon. Alhassan Ado Doguwa, Hon. Leo Ogor and the Attorney General of the Federation, Abubakar Malami.
The lawmaker, in his tweets and statements had given the impression that he was enjoying the cooperation of the police, over the allegations against Dogara and others.

But Abdulmumin, in the suit filed before the Federal High Court in Abuja with No: FHC/ABJ/CS/595, said there was a police siege on his home and that up till the time of filing the suit on August 9, 2016, the siege was still in force.

The affidavit deposed on his behalf by his legislative aide, Mr. Bashir Bello said this was “in a bid to arrest him unlawfully and achieve their pre-determined aim of tampering with his fundamental human rights.”

Abdulmumin, in the suit, accused the police of plotting to “nab him and also put him out of circulation and so as to lay their hands on the said documents and destroy the evidence therein, and avoid a leakage of their roles in the budget issue.”
The embattled lawmaker, in a separate suit, also sued Dogara, the Clerk of the House and others, to restrain the lower chamber from suspending him.

Read More: thisdaylive

Budget Padding: Jibrin Files Suit Against Dogara, Others.

Former Chairman, Appropriation Committee, House of Representatives, Abdulmumin Jibrin, has sued the Speaker, Yakubu Dogara, his Deputy, Yusuf Lasun, and other principal officers of the lower chamber over an alleged plan to suspend him.

 

In the suit marked: FHC/ABJ/CS/595/2016, commenced by way of writ of summons and filed at the Federal High Court, Abuja on August 9, 2016, Jibrin  seeks principally to restrain the House of Representatives and its principal officers from giving effect to their alleged plot to suspend him as member of the House.

 

Jibrin, an All Progressives Congress (APC) legislator representing Kiru/Bebeji Federal Constituency of Kano State, has also filed an ex-parte motion seeking, among others, an other restraining the defendants from taking steps to suspend him pending the determination of the substantive suit.

 

Listed as defendants in the suit are: The House of Representatives, the Clerk of the House of Representatives, Yakubu Dogara, Yusuf Lasun, Alhassan Ado Doguwa, Leo Ogor, Herman Hembe, Umar Mohammed Bago, Zakari Mohammed, Chike Okafor, Dan Asuquo, Jagaba Adms, Haliru Jika and Uzoma Abonta.

 

Jibrin, in the substantive suit, seeks a declaration that the defendants are bound to comply with the provisions of Sections 49, 54, 56 and 60 of the 1999 Constitution and the Standing Orders of the House of Reps, regulating its sitting, procedure and other matters in the conduct of its legislative functions as provided in the Constitution and the Standing Orders made pursuant to the Constitution.

 

He also wants the court to make a declaration that the decision taken by the defendants at a meeting held on August 3, 2016 to suspend the plaintiff as a member of the House of Reps without granting him the right to fair hearing is unlawful.

 

The plaintiff stated, in a supporting affidavit, that Immediately the 3rd to 14 defendants (Dogara and other principal officers)  got wind of the petitions presented against them by the plaintiff to the Independent Corrupt Practices and other related offenses Commission (ICPC), Economic and Financial Crimes Commission (EFCC), the Inspector-General of Police (IGP) and others, they held a meeting on August 3, 2016, where they allegedly resolved to suspend him immediately as member of the House of Reps.

 

He said that the defendants also agreed to urgently reconvene the House from its current recess “with a desperate agenda to suspend the plaintiff contrary to the Rules of the House”.

 

“That one of such meetings was held by the 3rd to 14 defendants at the residence of the 3rd defendant (Dogara) in Apo, Abuja on August 3, 2016.

 

If the reliefs of the plaintiff are not granted, the plaintiff will be suspended as a member of the House of Reps, and this will greatly prejudice him and thousands of his constituents, who rely on him to afford them their due representations in the Federal Legislature,” Jibrin said.

 

It could not be confirmed when filing this story yesterday whether any proceedings had been conducted in court in relation to the motion ex-parte or whether a date had been set for hearing by the court’s current vacation judge, Justice Okon Abang.

Court Bars Police, DSS, INEC From Interfering With PDP Convention

In yet another ruling from a court of concurrent jurisdiction, a Federal High Court sitting in Port Harcourt has ordered the police, Department of State Security (DSS) and the Independent National Electoral Commission (INEC) not to interfere with the National Convention of the Peoples Democratic Party (PDP) scheduled to hold in Port Harcourt on August 17.

This came as chairmen of the 36 states and Federal Capital Territory (FCT) chapters of the PDP called on members to be united in their bid to reposition the party for greater heights ahead of 2019 elections.

PDP also got some reprieve yesterday when INEC released the final list of candidates for the Edo governorship election, featuring the name of Mr. Osagie Ize-Iyamu, the candidate of the PDP, on the list.

Shortly after the PDP primary had elected Ize-Iyamu as the candidate of the party to contest the poll in Edo State, a faction of the main opposition party led by its ousted national chairman Senator Ali Modu Sheriff, held another primary through which Mr. Matthew Iduoriyekemwen emerged as the factional candidate.

This led to uncertainty over Ize-Iyamu’s candidacy which was finally laid to rest yesterday by INEC.
Ruling on an ex-parte motion brought before the court by Senator Ben Obi (plaintiff) on behalf of the National Convention Planning Committee of the PDP against the Inspector General of Police, State Commissioner of Police, the DSS, the state Director of the DSS and INEC (as defendants), the presiding judge, Justice Ibrahim Watila, ordered the police and the DSS to provide security for the PDP during the convention.

He also ordered the INEC to monitor the election as required by law.
The motion was filed by Wori N. Wori on behalf of Senator Obi relying on a 34-paragragh affidavit sworn to by Felix Obuah.

Read More: thisdaylive

Court Dissolves 83 Day Old Marriage In Ibadan

A Mapo Customary Court in Ibadan on Wednesday dissolved an 83-day-old marriage between Pa Owolabi Alowonle and his wife, Idia, for deception. Alowonle, 70, a surveyor was a widower before he married Idia, who was a widow.

The President of the court, Mr Hentic Agbaje, held that both Alowonle and Idia based their rush into marriage on infatuation and the urge to satisfy their selfish ambitions. “I don’t exactly understand why two elderly persons who are already widow and widower should carelessly rush into a marriage without proper knowledge of one another.

“Well, I only wish both of you good as you have both accepted dissolution of the union. Therefore, in the interest of peaceful coexistence, the 83-day-old union between Alowonle and Idia has ceased to be henceforth,” he said.

He, however, directed Alowonle to provide a cash of N12,000 for Idia’s accommodation and another N2,000 for the movement of her belongings within seven days.

Earlier, in his petition, Alowonle, told the court that Idia was causing disharmony in his house as well as being a threat to his life. “My lord, ever since Idia got to my home on May 18 this year, she has been doing everything possible to put an end to my life by not giving me rest of mind.

“She has been causing serious disharmony among my tenants who were peaceful before she married me. She and her daughter from time to time fight and gossip around the house giving unfounded information of one tenant to the other.

“As if that is not enough, Idia incited her daughter against me to abuse and break the long existing regulations I imposed on the house for peaceful coexistence of the tenants and my family.

“I barred any form of singing of religious songs which I know could cause problems among Muslim and Christian tenants.

“However, the daughter she brought from her late husband deliberately started singing in the house. In fact, Idia and her daughter have no respect for me,” Alowonle explained.

Idia, who did not deny any of the allegations, welcomed the divorce suit.

Read More:

http://www.vanguardngr.com/2016/08/court-dissolves-83-day-old-marriage-ibadan/

Court Reserves Judgment On Appeals Seeking To Overturn Ruling On Ikpeazu’s Removal

The Court of Appeal in Abuja has reserved final judgment in multiple appeals filed by the Governor of Abia State, Dr Okezie Ikpeazu; the Peoples Democratic Party (PDP), the Independent National Electoral Commission (INEC) and other interested parties seeking to overturn the judgment of Justice Okon Abang of the Federal High Court, Abuja which sacked Ikpeazu as governor.

A five-man panel of justices of the court led by Justice Morenike Ogunwumiju adjourned the matter for judgment after it heard six separate appeals.

 The hearing of the appeal which lasted till 5p.m., witnessed several drama including the attempt by the Ali Modu Sherrif’s faction of the PDP to come in but was rebuffed by the court.

Justice Ogunwumiju had drawn the   attention of the court to a letter from the Sheriff-led faction of the PDP that sought to withdraw the appeal.
The said letter was signed by the Deputy National Legal Adviser of the party, Bashir Maidugu.

After hearing from the parties, including Mr. Olagoke Fakunle (SAN) who said he appeared for the PDP, the court decided that the Sheriff’s group had no business in the appeal.
“Fakunle what exactly have you said? There are six appeals before this court which we must hear today. And we are going ahead with the appeals already filed. Do not disrupt this court again. You can go on appeal if you so wish,” the judge told the lawyer who was from Sheriff’s camp of the PDP.

Read More: Thisday

 

Court Okays Seizure Of Fayose’s Assets

Justice Nnamdi Dimgba of the Federal High Court, Abuja held yesterday that the temporary order of attachment granted in relation to some identified assets of Ekiti State Governor Ayo Fayose did not violate Section 308 of the constitution.

The judge said the intention of the immunity clause granted to some public office holders is not to shield them from investigation by security agencies for the purpose of obtaining evidence for future uses.

Justice Dimgba gave the ruling yesterday on an application by Fayose, whose lawyer Mike Ozekhome (SAN), had sought to vacate the order of interim attachment granted by the court on July 20 to the Economic and Financial Crimes Commission (EFCC).

The order was in relation to the EFCC’s investigation of some activities of the governor and some of his associates.

The affected property to which the order relate, include four sets of four-bedroom apartments at Chalets 3, 4, 6 and 9, Plot 100, Tiaminu Savage, Victoria Island, Lagos.

Also affected are at 44 Osun Crescent, Maitama, Abuja and Plot 1504 Yedzeram Street, Maitama Abuja.

The EFCC had, while seeking the order, stated in an affidavit accompanying its motion ex-parte that the properties were acquired through proceeds of fraud, which Fayose allegedly got through kickbacks from contractors and other alleged fraud.

It stated that the funds used for the purchase of the properties were said to be drawn from the sum of N1, 219,490,000, which was said to be part of the N4, 745,000,000, allegedly stolen from the treasury of the Federal Government through the Office of the National Security Adviser.

In his application filed on notice on July 21, Ozekhome hinged his request for the court to set aside the order of interim forfeiture on 10 grounds.

He argued that the court lacked jurisdiction to entertain and/or proceed to grant the interim order.

Ozekhome contended that in view of the immunity enjoyed by Fayose as sitting governor by virtue of the provision of Section 308 of the Constitution, he (Fayose) “cannot be proceeded against in a court of law”.

Justice Dimgba upheld the argument of EFCC lawyer Andrew Akoja, to the effect that the July 20 order was validly made.

“It is my considered opinion that the order of court, made on July 20, 2016 in respect of some property of the applicant, and within the limited scope and duration within which it was obtained, was duly procured and does not offend the provision of the Constitution referred to,” the judge said.

Justice Dimgba said although Section 308 of the Constitution serves to protect governors of states from the distraction of litigation and legal proceedings, to enable them to attend to official responsibilities, it should not be interpreted in such a way as to defeat the fight against corruption, to mean that the EFCC or other investigating agencies cannot take a peep into the assets or personal accounts of a serving governor in the execution of a strictly worded and mutually supervised interim attachment orders for the purposes of obtaining evidence for use in future when the immunity has lapsed.

“In the light of the above, I hold that the applicant is not entitle to the reliefs sought and are hereby refused.

“However, in the interest of justice and not to appear to make a mockery or nonsense of the immunity clause, I hold that the interim attachment order of July 20, 2016, granted by this court in favour of the respondent (EFCC) shall last for 45 days as the court had already ordered, within which the respondents must conclude their investigation in respect of those property, at the end of which every encumbrance on the property arising from the order of court, must abate.

“I order that in the event that the respondent may wish to renew the interim attachment order as they are entitled to, they must serve the motion to that effect on the applicant not later than five days to the expiration of that order, without which the order shall stand abated,” Justice Dimgba said.

Credit: TheNation

Sheriff, Metuh In Court Today To Stop PDP Convention

The Ali Modu Sheriff-faction of the national leadership of the Peoples Democratic Party is to appear before a Federal High Court in Abuja on Thursday (today) to argue its application for an interlocutory injunction seeking to stop the party from going ahead with its planned national convention scheduled to hold on August 17.

The nine plaintiffs said they filed the suit numbered FHC/ABJ/CS/464/2016 for themselves and on behalf of the Executive Committee/National Working Committee of the PDP.

They are Sheriff as the National Chairman; Prof. Wale Oladapo (National Secretary); Dennis Alonge-Niyi (Deputy National Youth Leader); Alhaji Bashir Maidugu (Deputy National Legal Advier); Mrs. Hanatu Ulam (Deputy National Women Leader); Alhaji Lawa Dutsima Anchi (Deputy National Auditor); Chief Okey Nnadozie (Deputy National Organising Secretary); and Chief Olia Metuh (National Publicity Secretary).
The suit has only the Independent National Electoral Commission and the PDP as the defendants.

The plaintiffs had filed the substantive suit on July 4, 2016, contending that that by virtue of the PDP’s Constitution, they must remain in office till 2018.

They urged the court to declare all moves aimed at removing, replacing or conducting fresh elections into their offices as illegal, unlawful, unconstitutional, null and void.

The Ahmed Makarfi-led Caretaker Committee of the party had on July 14 announced August 17 as the date for the party’s national convention when election would be held to fill the positions of national officers of the PDP.

The Sherriff faction therefore on July 20 filed an interlocutory application asking the court to stop the party from going ahead with the planned national convention pending the determination of their substantive suit.

The court presided over by Justice Okon Abang on Tuesday granted the plaintiffs order to have their case heard during the Federal High Court’s ongoing vacation.

The judge in granting the plaintiff’s ex parte motion on Tuesday, held that ordinarily, a part-heard suit could not be heard during vacation without the consent of all parties, but he decided to give room for the hearing because of its urgency.

Credit: Punch

Court Orders EFCC To Pay N5 Million Damages To Fayose’s Aide

A Federal Capital Territory High Court has granted bail to Abiodun Agbele, an aide to the Ekiti State governor, Ayodele Fayose.

Mr. Agbele was arrested by the Economic and Financial Crimes Commission, EFCC, on July 1 on allegations of fraud.

The EFCC said Mr. Agbele received huge public funds from a former defence minister, Musiliu Obanikoro, and delivered same to Mr. Fayose.

The judge, Olukayode Fadeniyi, declared that the failure of the EFCC to charge Mr. Agbele to court, since his arrest, amounted to an abuse of his fundamental rights.

He ordered the commission to pay a compensation of N5 million to Mr. Agbele.

The court also ruled that Mr. Agbele be admitted to bail with a bond of N50 million and a surety not below the cadre of a director in the civil service.

Alternatively, Mr. Agbele is required to provide a surety who is a responsible Nigerian citizen, with landed property in any part of Abuja.

“The surety shall depose an affidavit of means,” the court also ruled.

Mr. Fadeniyi also ordered Mr. Agbele to submit his international passport at the commission.

Credit: PremiumTimes

Court Dismisses Omisore’s Bail Application

An FCT High Court on Friday dismissed, Sen. Iyiola Omisore, a former deputy governor of Osun, bail application, describing it as premature and incompetent.

Omisore is being prosecuted by the Economic and Financial Crimes Commission (EFCC) over an alleged N60 billion fraud.

In his ruling, the judge, Justice Olukayode Adeniyi , held that the counsel to the applicant failed to show what powers the court had to reverse the order of a court with concurrent jurisdiction.I am not aware of any order to make in the instant applications, which have the tendency and implications of upturning the existing order of my learned brother Justice Jude Okeke.

I must, therefore, agree with the submissions of the respondent’s counsel that in the present situation this court hasn’t made an order for the remand of the applicant for the period of 14 days.

And now turn around to make another order undermining the same order for remand for the release of the applicant on bail.

In other words, the issue of bail cannot arise from this court that validly made an order for his remand during the lifespan of that order.

In my view, the cause open for the applicant in this circumstance is to wait for the expiration of the order of July 8, and thereafter exercise his rights under Section 296 (3) of the Administration of Criminal Justice Act to renew his application for bail,’’ he said.

The judge said that in totality and with no further ado, his decision was that the application was premature in the circumstance and was thereby incompetent and inappropriate.

Even though I have not considered its substance, the application is hereby dismissed,’’ Adeniyi said.

Credit: Guardian

Okorocha Dragged To Court Over Assault Linked To Aides

Imo state Governor, Owelle Rochas Okorocha has been dragged to court for allegedly ordering his aides to beat up Anthony Amadi and Chigozie Oparaku, who were in the Compound of Captain Emmanuel Iheanacho, when the Governor arrived with a demolition squad that demolished part of Iheanacho’s compound.

This was just as the victims are asking the court to award them N50 million in damages for the varying degrees of injuries that they sustain during the brutal assault by the Governor’s Aides.

The duo said that their only crime was that they had brandished an order of the Federal High court, Owerri restraining the Governor from demolishing Ihenacho’s property, that rather the governor ordered his security details to beat them up.

According to him, “About an hour later, the Imo state Governor, Rochas Okorocha in company of his full security detail came to Captain Ihenacho’s house and the Governor ordered the engineer to demolish Ihenacho’s house, we then went towards the Governor as much as the security details would allow us and showed him the court order, thereupon, the Governor ordered his security details to beat us up and arrest us,” Amadi narrated.

In an affidavit deposed to by Anthony Amadi, he said that on the 7th of July, 2016, while at Captain Emmanuel Ihenacho’s house, they noticed agents of the Imo state government advancing towards Ihenacho’s house with heavy equipment and with intent to demolish the property. They approached the engineer in-charge of the demolition and showed a copy of the restraining order against the said demolition and the Engineer obeyed and withdrew his equipment.

The victims recalled that they were beaten for over half an hour by more than 20 security details of the governor just for daring to show them a restraining order of court against their illegal action.

“At the end, we could hardly stand or walk, and they carried us and dumped us at the Shell Camp Police Station without any medical treatment,” Oparaku they submitted.

Amadi’s left eye still have blood clots and opens with difficulty while Oparaku has an ugly lump on his back all sustained after the beating.

They also said that in spite of the fact that the Imo state Police Commissioner had duly acknowledged a petition by their Lawyer Amadi Obi against the Imo state Governor,that they were dumped in the Shell Camp Police cell without treatment.

“Receipt of the petition was acknowledged the next day, yet the commissioner refused to release us to seek medical care instead we were transferred from Shell Camp Police Station to Owerri Area Command at Fire Service.

We were released on the fourth day without any charge against us. We were only told that we were detained on the orders of Governor Rochas Okorocha and that was exactly what was written on the incident board.”

However, the Chief Press Secretary to the Imo state Governor, Rochas Okorocha, Mr. Sam Onwuemeodo said that the Governor has not been served with any court summons.

Credit: Sun

Court Grants Former Adamawa Governor, Fintiri, N500 Million Bail

Former Gov. Ahmadu Fintiri of Adamawa State has been granted bail by an Abuja court.

Mr. Fintiri was remanded on Thursday, following his arraignment by the Economic and Financial Crimes Commission (EFCC) on a five-count charge of money laundering.

The EFCC accuses him of defrauding the Adamawa government to the tune of N970 million and 4.8 million dollars when he was the governor of the state for three months.

Mr. Fintiri pleaded not guilty to the charge.

Justice Ahmed Mohammed granted him a N500 million bail on Thursday, ordering that Mr. Fintiri provides two sureties in like sum.

The sureties must have properties in any part of Abuja, and titled documents of the properties are to be submitted to the court registrar.

Mr. Fintri is to also submit his international passport to the court registrar.

Credit: PremiumTimes

Money Laundering: Court Remands Ex-Adamawa Gov, Fintiri, In Kuje Prison

 Federal High Court in Abuja, yesterday, ordered that former Adamawa State Governor, Mr Ahmadu Umaru (a.k.a Umaru Fintiri) be remanded in prison custody pending the determination of his bail application.
Fintiri was docked  by the Economic and Financial Crimes Commission (EFCC) on a five-count charge bordering on money laundering.
Specifically, he was alleged to have defrauded the state government to the tune of N970 million and another $4, 830 dollars while he held sway as the chief executive of the state.
The defendant, however pleaded not guilty to all the charges.
His counsel, Mahmud Magaji (SAN), applied for his bail on the grounds that the alleged offence was a bailable one.
Magaji premised his argument for bail on section 35 subsection 6 of the 1999 Constitution which presumes his client innocent until proven guilty.
He also relied on sections 158 and 163 of the Administration of Criminal Justice Act, in urging the court to admit the defendant to bail.
Magaji assured the court that Fintiri would not jump bail and that he would always be available to defend himself and urged the court to admit his client to bail.
In opposing the bail application, the prosecuting counsel, Mr. Peters Aso referred the court to a document filed by the defence concerning a medical issue of the defendant.
Aso, in his argument he said it appeared that Fintiri had lied on oath, since the date which he said the doctor examined him was different from the date he said the doctor told him of his ailment.
The prosecuting counsel said although he was not a medical personal, he believed that one was examined before he was told of his health.
He also prayed the court to deny the bail application on the grounds that he was sure the defendant would come for trial if granted bail.
Trial judge, Justice Ahmed Mohammed fixed ruling on the bail application for tomorrow.

Credit: Sun

Court Sacks Modu Sheriff As PDP Chairman

A High Court of the Federal Capital Territory in Abuja on Wednesday sacked Ali Modu Sheriff as Chairman of the Peoples Democratic Party.

Justice Valentine Ashi ?held that Sheriff’s ascension to office was unlawful as it was based on amended provision of the PDP ?Constitution said to be illegally introduced in December 2014.

?Though the court did not specifically mention Sheriff’s name, it made an order restraining all persons who became national officers of the party by virtue of the amended Article 47, Rule 6 of the party’s constitution, from further parading themselves in the said capacities.

The judge nullified the amendment of the said provision which he ruled was done in violation of mandatory provisions of Article 66 (2) and (3) of the party’s constitution.

Credit: Punch

254 Teachers Drag Wike To Court Over Unpaid Salaries

No fewer than 254 workers, whose salaries have been stopped since February 2016, have dragged the Rivers State Governor, Nyesom Wike, to the National Industrial Court of Nigeria sitting in Bayelsa State.

The workers, who are teachers of primary and demonstration schools of the Rivers State University of Science and Technology, Ignatius Ajuru University of Education, and Ken Saro-Wiwa Polytechnic, Bori, have prayed the court to compel the government to pay their salaries.

Governor Wike had reportedly announced in February 2016 that the state government would no longer pay the salaries of primary and secondary schools’ teachers of demonstration schools of RSUST and other designated institutions where pupils and students pay school fees.

The teachers, 102 of RSUST,  97 of IAUE and 55 of KSWP, claimed that since Wike’s order in February, their relevant institutions had refused to pay their salaries.

While the demonstration schools at KSWP are said to have been shut down since Wike’s directive, those of RSUST and IAUE have yet to be closed down but the affected teachers have remained unpaid for five months.

The claimants (unpaid teachers) in suits NICN/YEN/87/2016 for IAUE; NICN/YEN/88/2016 for KSWP and NICN/YEN/89/2016 for RSUST, sued Nyesom Wike (1st defendant), for ordering the stoppage of their salaries.

The claimants, who prayed the court  to declare their appointments valid and subsisting, also joined the Attorney-General of Rivers State (2nd defendant) and their various institutions – RSUST,  IAUE and KSWP (3rd defendant) in the suit.

In the reliefs sought by the claimants against the defendants, jointly and severally,  they prayed the industrial court to declare that their respective employments were valid and subsisting.

Credit: Punch

Court Sacks Abia State Governor, Okezie Ikpeazu

The Federal High Court, sitting in Abuja, has annulled the election of Governor Okezie Ikpeazu of Abia State, the News Agency of Nigeria is reporting.

The court also ordered the Independent National Electoral Commission to issue a certificate of return to Samson Ogah, a member of the Peoples Democratic Party, who contested the governorship ticket with the governor.

The court held that Mr. Ikpeazu was guilty of tax evasion and was therefore unqualified to have contested the 2015 governorship election in the state.

The court also ordered the governor to vacate office immediately, and hand over to Mr. Ogah, owner of Masters Energy, who came second in the PDP governorship primaries in Abia.

Mr. Ikpeazu is yet to comment on the judgment.

Credit: PremiumTimes

Aisha Buhari Gives Fayose 5 Days To Apologize Or Go To Court

Wife of the President, Aisha Buhari has described the statement by Ekiti State Governor Ayo Fayose which fingered her as an accomplice in the famous Halliburton bribery scandal that landed former U.S. lawmaker, Williams Jefferson in jail as “very wild and unfounded.”
She threatened to drag Fayose to court if the statement was not retracted within five working days. The letter emanated from the chamber of Mary Ekpere and Co.
The letter signed by Ismaila Alasa and Mary Ekpere was entitled: “Demand for unqualified retraction of the false statement published by you in various media on the 20th of June, 2016, and subsequent dates regarding our client, Her Excellency, Mrs. Aisha Buhari the wife of President Muhammadu Buhari, GCFR.
“The said statement which was caused by you and your agents to be widely circulated and published in various media platforms: print, electronic and online on 20th of June, 2016, contains very wild, unfounded and false allegations and imputations against the person of our client.
“Take notice that unless you and your agents meet our humble demands within five working days of the receipt of this letter, we shall take all necessary steps within the contemplation of the law to seek redress for our client.”
The governor had on Monday distributed a statement, which contained excerpts of court documents sourced from the United States Department of Justice Website allegedly indicting Mrs. Buhari in the sordid
Meanwhile, a chieftain of the Peoples Democratic Party and key participant in the bribery scandal, Oyewole Fasawe, described Fayose’s accusations against Buhari’s wife, as “fallacious, baseless, misinformed and defamatory”, saying she was not connected “in any way” to the transaction,
“We were the ones in government, and she was never a member of our party or my business associate. So, how could she have been involved in the first place,” Mr. Fasawe said.
Fasawe advised Fayose and his handlers to desist from “this unprovoked attack and unsolicited defamation to the person of Mrs. Aisha Buhari,” adding that “no one should hide behind immunity clause to trample upon the rights and reputation of others with impunity.”
He said he had a business venture with Mr. Jefferson  who is now serving a 13-year jail term in the US, which went awry “based on misplaced trust.”
“I was convinced the Triple Play Cable Television Network was the future of home entertainment in Nigeria. I invested considerably in the business – even having to approach my bank for further investments.”
Mr. Fasawe said he petitioned the Economic and Financial Crimes Commission under then President, Olusegun Obasanjo, at the time of the incident but no action was taken.

Credit: Sun

Judge Grants Omatseye N500,000 Bail

Justice Rita Ofili-Ajumogobia on Monday granted bail in the sum of N500,000 to a former Director-General of the Nigerian Maritime Administration and Safety Agency, Raymond Omatseye, who was convicted of contract scam.

The judge had on May 20, 2016 convicted Omatseye of severally awarding contracts above the threshold stipulated by the Bureau of Public Procurement while he was NIMASA DG and sentenced him to five years imprisonment.

Justice Ofili-Ajumogobia had found Omatseye guilty of 24 out of the 27 counts pressed against him by the EFCC and  sentenced him to five years imprisonment without an option of fine.

But three days after the judgment, Omatseye, through his lawyer, Mr. Olusina Sofola (SAN), approached the Court of Appeal, Lagos Division, describing the judgment as unreasonable and urged the higher court to overturn it.

He later asked Justice Ofili-Ajumogobia to release him on bail on self recognition pending the hearing and determination of his appeal.

Omatseye’s lawyer, Sofola, had told Justice Ofili-Ajumogobia that his client had raised “substantial and arguable issues” in his notice of appeal, which he believed were capable of making the appellate court to overrule his conviction and sentence.

Sofola also said keeping Omatseye in prison would deprive his children of parental care, which he had been providing for three of them in the absence of their mother, who, he said, was in the United Kingdom looking after one of their children suffering from “severe medical conditions.”

According to Sofola, the said child of Omatseye was being treated in the UK for “epilepsy, atypical hypertrophic cardiomyopathy with mitral regurgitation, atrial fibrillation and enuresis.”

He said the said child also had difficulty in learning and was suffering from myriads of other medical conditions, which often prevent him from sleeping at night.

Sofola added, “With the applicant’s wife staying with their sick child in the UK for purposes of proximity to the attending hospital and specialised health care, it has become the responsibility of the applicant to provide parental care for their remaining three children in the absence of their mother, which has now been affected by his conviction and subsequent remand at the Ikoyi prison to serve the sentence imposed on him by this honourable court.”

Sofola said Omatseye, who is a lawyer with 28 years post-call experience, was prepared to expeditiously pursue his appeal, as he intended to quickly clear his name, so that he would be able to “protect and preserve his ability to remain a legal practitioner.”

But in opposition to the bail application, the EFCC, through its lawyer, Mrs. Kehinde Bode-Ayeni, urged Justice Ofili-Ajumogobia not to grant Omatseye bail, saying there were no exceptional and unusual circumstances to warrant granting the bail.

“The defendant/applicant has failed to show any special circumstances or reason to enable this honourable court exercise its discretion in his favour to admit the defendant/applicant to bail. We, therefore, urge this honourable court to dismiss this application,” Bode-Ayeni said.

The EFCC further argued that Omatseye’s bail application was based on “pity and extraneous circumstances,” adding that a person who had been convicted had already lost the presumption of innocence.

While urging Justice Ofili-Ajumogobia to turn down Omatseye’s request for bail, the anti-graft agency said all the issues raised by the convict could be addressed by the Court of Appeal.

But in a ruling on Monday, Justice Ofili-Ajumogobia discountenanced the EFCC’s objection and granted Omatseye bail in the sum of N500,000 with two sureties in like sum.

One of the sureties, the judge said, must be a civil servant on not below Level 16 in the employ of the state or Federal Government.

She asked Omatseye to deposit his passport with the Chief Registrar of the court, pending the decision of the Court of Appeal.

 

Credit:Punch

Ekiti Court Remands Two Herdsmen Over Oke-Ako Mayhem

A Chief Magistrate’s court in Ado Ekiti yesterday remanded two persons, who were suspected to be responsible for the May 20 attack on Oke Ako in Ikole Ekiti Local Government Area of Ekiti State. Two persons died from the attack while three others were severely wounded and are currently receiving treatment in separate private hospitals in Ikole Ekiti and Ado Ekiti. The two suspected killer herdsmen, Usman Salihu, 50, and Abubakar Auta, 52, were arraigned for murder and causing grievous bodily

Two persons died from the attack while three others were severely wounded and are currently receiving treatment in separate private hospitals in Ikole Ekiti and Ado Ekiti. The two suspected killer herdsmen, Usman Salihu, 50, and Abubakar Auta, 52, were arraigned for murder and causing grievous bodily arm by the police. They were consequently remanded in prison custody till September pending legal advice from the office of the Director of Public Prosecution. The development was confirmed by state Police Public Relation Officer, Alberto Adeyemi. Meantime, a resident, Grace Olofin, told newsmen that peace had returned to the town. She confirmed that security agencies were still on

They were consequently remanded in prison custody till September pending legal advice from the office of the Director of Public Prosecution. The development was confirmed by state Police Public Relation Officer, Alberto Adeyemi. Meantime, a resident, Grace Olofin, told newsmen that peace had returned to the town. She confirmed that security agencies were still on ground keeping watch over the town. It was learnt that one of the victims, Ayo Abejide, in whose head a bullet pellet was lodged  has been transferred to an undisclosed teaching hospital. Also, the councillor for Ipao-Oke Ako-Irele ward, Mr. Segun Kehinde, appealed to the people to return to the town.

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Hearing In Saraki’s Appeal Against CCT Stalls At Court Of Appeal

Hearing in an appeal by the President of the Senate, Dr Bukola Saraki, on the jurisdiction of Code of Conduct Tribunal to try him was stalled at the Court of Appeal, Abuja, on Tuesday.

The matter could not proceed because of the inability of the justices of the court to form a quorum.

The Presiding Judge, Justice Moor Adumien, who led two pther justices, said it was impossible for the court to sit on the matter with only three justices.

“The court is unfortunately encumbered this morning on this appeal because we cannot form a quorum.

“We had earlier stood the matter down with the expectation that two of our other brother justices could join us but that did not happen.

“In the light of this, we seek the understanding of parties to adjourn the hearing of the appeal till June 2,’’ he said.

Saraki is challenging the jurisdiction of CCT to hear the charges of false and anticipatory asset declaration and Money Laundering brought against him.

Saraki had approached the appellate court challenging the March 24 ruling of the tribunal that it had jurisdiction to entertain the case.

The News Agency of Nigeria (NAN) recalls that Saraki’s earlier appeal aimed at ending his trial was dismissed by the Supreme Court on Feb. 5.

The apex court had in that decision ordered Saraki to submit himself for trial at the tribunal.

 

(NAN)

Court Rejects Metuh’s Request To Travel Abroad For Treatment

A Federal High Court in Abuja on Wednesday dismissed an application by the National Publicity Secretary of the Peoples Democratic Party, Mr. Olisa Metuh, asking for the release of his passport to enable travel to the United Kingdom for medical treatment.
Justice Okon Abang in rejecting the request in a ruling, held that the court lacked jurisdiction to order the release of Metuh’s passport having earlier directed that it should be deposited with the Chief Registrar of the Court throughout the period of the PDP spokesperson’s ongoing trial.
“The law is settled and required no restatement that when a court has made an order, the court lacks jurisdiction to set aside the order or vary the order,” Justice Abang ruled.
Justice Abang also ruled that the prosecution – the Economic and Financial Crimes Commission – having expressed fear that Metuh could jump bail, “the court must be very careful in deciding such complex application.”
“What the court needs to do is to balance the conflicting rights of parties,” the judge ruled.
He ruled that Metuh failed to adduce any evidence that his spinal cord-related ailment which he sought to treat at London Royal Hospital could not be treated in any of the nation’s teaching hospitals and the new hospital in Akwa Ibom State, which he said had been adjudged to be of international standard.
He held that Metuh could not ask for the release of his passport as of right without placing sufficient materials before the court.
The judge ruled, “This is not a sentimental issue. This is not the issue of sympathy. It is purely an issue of the law.
“Chief Olisa Metuh cannot casually apply for the release of his passport as of right.
“Chief Olisa Metuh filed the application as if it is a simple matter. It is not a simple matter.”
Credit: Punch

Court Jails Man For Stealing N3,060

A Lugbe Grade 1 Area Court on Wednesday sentenced a 22-year-old businessman, Kingsley Okoh, to three months imprisonment for stealing N3, 060.

The Judge, Mr Garba Ogbede, however, gave the convict N 20,000 option of fine.

Ogbede said that: “I have no option than to sentence the convict accordingly since he had pleaded guilty to the charge.”

He also ordered the convict to pay the complainant N3, 060 restitution.

“The punishment would have been more severe if you had not pleaded guilty,” the judge ruled.

Okoh, who resides in Anguwa Tiv Tundunwada Lugbe, Abuja, was charged under Section 288 of the Penal Code for stealing.

Earlier, the Prosecuting Counsel, Ms Oporomo Vivian, told the court that on May 21 one Francis Onah of Kapwa Village in Lugbe reported the case at Lugbe Police Station.

Vivian said that the convict criminally trespassed into the complainant’s building material shop at FHA Lugbe at about 11.04 p.m. and stole his N3, 060.

She said that the complainant caught the convict in the act and raised an alarm.

The prosecuting counsel said that the convict admitted committing the offence during police investigation and interrogation.

Following the plea of guilty by the convict, the prosecutor prayed the court to try him summarily under Section 347 of the Administration of Criminal Justices Act, 2015.

Credit: Punch

Court Orders IG To Arrest PDP’s Acting Chairman

A Federal High Court in Lagos has directed the Inspector General of Police, Mr Solomon Arase to arrest anybody who parades ‘himself or herself’ as the  acting chairman of the People’s Democratic Party (PDP) pending the determination of a suit before it.

Justice Ibrahim Buba who gave the order insisted that the order earlier issued by the court must be obeyed.

The  court had earlier  granted an order stopping the convention of the party.

Buba had ruled in a suit FHC/L/CS/613/2016, filed by the acting national chairman of the party, Ali Modu Sheriff; the national secretary, Adewale Oladipo; and national auditor, Fatai Adeyanju, praying the court to abort the convention, pending the determination of the substantive suit.

Joining PDP and the Independent National Electoral Commission (INEC) as defendants, the plaintiffs, all national officers of the party, averred that their tenures were yet to elapse, contending that allowing the convention would amount to abridging their mandates.

Credit: Sun

Court Declares PDP Caretaker Committee Illegal

Justice Ibrahim Buba of a Federal High Court in Lagos has declared as invalid the caretaker committee constituted over the weekend to take over the affairs of the Peoples Democratic Party from its acting National Chairman, Ali Modu Sheriff.

The judge, in a ruling on Monday, directed the Inspector General of Police, Solomon Arase, to enforce his order, barring the members of the constituted caretaker committee from taking over the affairs of the party.

Details later…

Metuh Admitted In Hospital, Lawyer Tells Court

The National Publicity Secretary of the Peoples Democratic Party, Mr. Olisa Metuh, was absent from his ongoing trial before a Federal High Court in Abuja on Tuesday.

Upon an inquiry by the trial judge, Justice Okon Abang, about Metuh’s whereabouts, his lawyer, Dr. Onyechi Ikpeazu (SAN), said the defendant was on a bed rest at the National Hospital, Abuja.

The Economic and Financial Crimes Commission is prosecuting Metuh and his company, Destra Investments Limited, on charges including fraudulent collection  of N400m from the Office of the National Security Adviser in November 2014 and using same for PDP’s presidential campaign.

Metuh and Destra Investments Limited are also being tried on charges of money laundering involving alleged cash transaction of $2m.

Justice Abang had on Monday adjourned till Tuesday for the continuation of the testimony of the fifth defence witness, Mr. Richard Ihediwa.

After intimating the judge on why Metuh was absent from court, Ikpeazu passed to the court registrar a medical report  signed by a neurosurgeon consultant in the hospital, Dr. O.O Olaleye, confirming that Metuh was in the hospital for a bed rest.

The lawyer, who sought an adjournment of the case, said the situation in section 352(4) of the Administration of Criminal Justice Act 2015, in which the judge is allowed to proceed with a criminal trial without the defendant present in court, had not arisen.

The provision of the law provides that the court may proceed with a criminal trial if a defendant already granted bail is absent from court in violation of a court order or in the absence any good reason for the absence of the defendant.

?Destra’s lawyer, Tochukwu Nwugbufor (SAN), had supported the request for adjournment insisting that by virtue of the provisions of section 352(4) of the ACJ Act, the court could never proceed with the trial in Metuh’s absence.

Prosecuting counsel, Mr. Sylvanus Tahir, also did not oppose the application for adjournment but also referred the court to section 266(a) and (b) of the ACJ Act which makes it mandatory for a defendant to be present in court whenever his trial comes up.

The judge, in a ruling, which he delivered after entertaining the submission of parties to the case, noted that though Metuh had good reason to be absent from court, the medical report was unhelpful, as it failed to indicate the period which the bed rest would last.

The judge said the omission of the period for the bed rest in the medical report had left doubt to whether the report was issued in bad faith.

The judge conceded to the request for adjournment and fixed May 30 for continuation of trial.

Justice Abang also fixed Wednesday (tomorrow) for ruling on an application by Metuh seeking the release of his passport to enable him travel to the United Kingdom for medical treatment.

AGF, Army, Others, Shun Zakzaky’s Suit

The Attorney General of the Federation and Minister of Justice, Mr., Abubakar Malami (SAN), and other respondents, shunned the Monday’s proceedings in a suit filed  by the leader of the Islamic Movement in Nigeria, also known as the Shi’ite sect, Sheikh Ibraheem Zakzaky, seeking his release from the custody of the Department of State Service.

The detainee, through his lawyer, Mr. Femi Falana (SAN), filed the fundamental human rights enforcement suit which is numbered FHC/ABJ/CS/247/16, demanding N3bn as general damages for his alleged wrongful detention.

He alleged that his rights have been violated having been in detention since December 14, 2015 without being charged to court.

Joined as respondents to the suit are the Nigerian Army, the Chief of Army Staff, Maj.-Gen. Tukur Buratai; the Director General State Security Services, Lawal Daura; the Inspector General of Police, Mr. Solomon Arase;  and the Attorney General of the Federation, Mr. Abubakar Malami.

?When the case was called on Monday, none of the respondents was represented by their respective lawyers.

Falana, who represented the plaintiff,  told the court that the respondents had been served with the court processes with respect to the suit on May 3 and 5 and that they had also been served the hearing notices for the day’s proceedings.

Justice Gabriel Kolawole, who noted that the case was for mention,  adjourned the case till June 14.

In the suit the sect leader, sought “A declaration that shooting of the applicant by armed soldiers who are members of the 1st respondent on Sunday, December 14, 2015 at his residence is illegal and unconstitutional.

“A declaration that the cruel, inhuman and degrading treatment meted to the applicant by armed soldiers who are members of the 1st respondent is a fragrant violation of his fundamental right to dignity of human person as guaranteed by the constitution.

“A declaration that the extra judicial killing of ?the applicants three children namely: Hameed Ibrahim (18), Ali Haidar Ibraheem (16), and Humaid Ibraheem (14) by armed soldiers who are agents of the 1st respondent at his residence in Gyallesu, the Hussainiya Baqiyyatulah and several other members of the IMN as on 14, 2015 is illegal and unconstitutional as it violates the fundamental right of the deceased to life.

“A declaration that the arrest of the applicant without warrant in his house at Zaria by armed soldiers who are agents of the 1st respondent on 14, December, 2015 is a fragrant violation of his fundamental rights to privacy and private property.

“A declaration that the detention of the applicant at Kaduna and Abuja by the 2nd and 3rd respondents without access to members of his family and the IMN since December 14th 2015 till date is illegal and unconstitutional.

“A declaration that the continued detention of the applicant from the 14th day of December 2015 till date without charging him to court of law is illegal and unconstitutional as it violate his fundamental right to fair hearing? as enshrined in the constitution.”

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Lagos Court Orders Fani-Kayode’s Remand In EFCC Custody For 3 Weeks

An Ikeja Magistrates’ Court in Lagos  on Monday ordered the remand of Mr Femi Fani-Kayode, a former Minister of Aviation in the custody of the Economic and Financial Crimes Commission (EFCC) for three weeks.

Magistrate Bola Osunsanmi while ordering Fani-Kayode’s remand said:”The defendant is hereby remanded in EFCC custody for three weeks pending a proper arraignment in court.

“The applicants have never suppressed the date of the arrest of the defendant before this court.

“Also, no evidence of the suit of the defendant before the FCT High Court was tendered by his counsel before the court.”

The News Agency of Nigeria (NAN) reports that the EFCC brought Fani-Kayode to court to seek a remand order against him over a two-count charge of obtaining money by false pretences and the alleged theft of N1.5 billion, property of the Federal Ministry of External Affairs.

According to the anti-graft agency, the remand order is urgently needed to prevent Fani-Kayode from tampering with evidence.

Earlier during the proceedings, counsel to the EFCC, Mr N.M.Anana, urged the court to remand the ex-Minister of Aviation.

“We have an exparte application for an order of remand dated May 10, 2016 made pursuant to Section 261 (1) of the Administration of Criminal Justice Law.

“Attached to the application is a nine-paragraph affidavit of urgency seeking the remand of the defendant in the EFCC custody.

“We need this order of remand because if he is not remanded, he might interfere with the investigations in this matter, ” Anana said.

Counsel to Fani-Kayode, Mr Wale Balogun, however, opposed the EFFC’s application for remand.

He said:”The applicants have suppressed some facts which Your Lordship would question why the application of the EFCC is being taken ex parte.

“There is a pending suit before the FCT High Court to challenge the detention of the defendant.

“The suit number is FCT/HC/1767/2016 between the defendant and the EFCC who are aware of the suit and have been served.

“The defendant has been in EFCC detention since May 9 after which he was granted administrative bail the conditions of which he met on May 12.

“In Abuja, they got another detention order for 14 days and what the EFCC did after was to bring him to Lagos.”

Balogun urged the court not to detain Fani-Kayode because of the pending suit he had instituted against the EFCC.

“My client’s detention is a breach of the constitution; it is either he is granted bail or charged to court,” Balogun said.

(NAN)

Court To Rule On Metuh’s Request For International Passport On May 25

A Federal High Court on Monday fixed May 25 for ruling on PDP spokesman, Olisa Metuh, request for his international passport to travel to United Kingdom for medical treatment.
Metuh was arraigned by the EFCC on charges bordering on allegations of diverting N400 million funds meant fighting insurgency in the North-East from the former National Security Adviser retired Col. Sambo Dasuki.
He pleaded not guilty to the charge.
Justice Okon Abang, adjourned ruling in the matter to enable him acquaint himself with the relevant sections of the law regarding the release of applicant passport.
At the resumed hearing of the case, Metuh’s Counsel, Mr Onyeachi Ikpeazu (SAN), told the court that he filed a motion for the release of his client’s international passport.
Ikpeazu argued that the applicant`s health conditions had deteriorated and need urgent medical care abroad.
He, therefore, urged the court to exercise its jurisdiction and vary the bail condition by releasing the applicant`s passport.
The defence lawyer also informed the court that he obtained a copy of medical report from the National Hospital, Abuja, which recommended the applicant to travel to London Hospital.
Opposing the application, the EFCC counsel Mr Sylvanus Tahir, said that the defence must be specific in their application.
Tahir argued that the court must take cognizance of whether varying the order could not contravened the earlier order of the court which retained the applicant`s passport.
He also said that the medical report tendered by the defence ought to be certified since it was a document coming from public institution.
The EFCC counsel also argued that the document did not suggest that the ailment could not be treated in Nigeria.
He, therefore, urged the court to refused the application, saying that there was no credible evidence to warrant the grant of the application.
The judge however adjourned ruling in the application till May 25.

 

(NAN)

Fuel Price Hike: NLC, TUC, To Go Ahead With Strike Despite Court Order

Despite an order of the National Industrial Court restraining the Nigerian Labour Congress and the Trade Union Congress from going ahead with their planned strike to protest the hike in price of petrol, the strike will go ahead as planned on Wednesday, labour officials have said.

The General Secretary of the NLC, Peter Ozo-Eson, on Tuesday night told Premium Times that from all indications the strike would go on as planned.

On the meeting with the Secretary to the Government of the Federation, Babachir Lawal, earlier convened to attempt to broker a last minute truce on the matter, Mr. Ozo-Eson said the meeting was yet to hold at about 7 p.m. on Tuesday.

“There was no resolution yet. We are just going for the meeting now. ,” the NLC scribe said on telephone interview. “We have been meeting on our own on matters that are important to us. It is clear the strike will go ahead as planned,” Mr. Ozo-Eson said on telephone on his way to the venue of the meeting.

He however assured that an official statement would be issued on the final position after what promises to be an all-night meeting.

The General Executive Secretary of Medical and Health Workers Union, north central, Richard Gbamwuan, in an interview with this newspaper, shortly after an emergency NEC meeting of the NLC held in Abuja on Tuesday, said that they were going ahead with the proposed strike.

“We have resolved to go ahead with the protest nationwide, as far as we are concerned, we are yet to be aware of any court injunction,” he said.

“And if there is any court injunction, we are just doing what federal government is fond of doing. The same Industrial court had stopped federal government from increasing electric tariff but till date federal government ignored us, they still went ahead, so we are embarking on the protest.”

Credit: PremiumTimes

N5.6bn Fraud: FG Files Amended Charge Against Kalu

The Economic and Financial Crimes Commission, EFCC, yesterday, filed an amended 34-count criminal charge against the former governor of Abia State, Dr. Orji Uzor Kalu.

 

The charge, marked FHC/ABJ/CR/56/07, was entered before the Federal High Court sitting in Abuja on a day trial Justice Anwuli Chikere was to commence hearing on an initially amended 112-count charge the anti-graft agency preferred against Kalu and two others on February 11, 2008.

 

The development, yesterday, made it the third time EFCC is amending the charge against the defendants. Kalu was hitherto answering to a 107-count corruption charge alongside his alleged accomplice, Udeh Jones Udeogu and his firm, Slok Nigeria Limited. The charge against them borders on conspiracy, money laundering and illegal diversion of public funds to the tune of N5.6 billion. The fraud was allegedly perpetuated while Kalu was governor of Abia State between 1999 and 2007. EFCC had, at the last adjourned date, April 11, secured leave of the court to arraign the defendants on the previously amended 112-count charge.

 

Justice Chikere adjourned to take fresh plea of the defendants after she was furnished with judgment of the Supreme Court, which on March 18, held that the defendants have a criminal case to answer.

 

Pending appeal

 

Meanwhile, at the resumed sitting yesterday, EFCC’s lawyer, Mr. Oluwaleke Atolagbe, told the court that he had just filed “a further amended charge” against the defendants.

 

However, counsel to the second and third defendants, Chief Solomon Akuma (SAN), notified the court that his client, Slok Nigeria Limited, still has an appeal pending before the Supreme Court. Akuma explained that what was previously determined by the apex court were two separate appeals marked SC/215/2012 and SC/264/2012, which were lodged by Kalu and Udeogu. He said: “The third appeal, SC/264a/2012, is still subsisting. As at

He said: “The third appeal, SC/264a/2012, is still subsisting. As at today briefs have been filed and exchanged by all the parties. “We have gone further to apply to the Chief Justice of Nigeria and the Director of Litigation at the Supreme Court to give us a date. “It is our submission that the commencement of hearing on this trial will prejudice the pending appeal. In the

In the circumstance we humbly ask for an adjournment.” His adjournment request was supported by Kalu’s lawyer, Chief Awa Kalu (SAN). Although EFCC’s lawyer confirmed the pendency of the appeal, he, however, stressed that issues raised by the third defendant were similar to what was earlier determined by the Supreme Court. Efforts by the prosecution, who placed reliance on Section 306 of the Administration of Criminal Justice Act, 2015, to persuade the court to proceed with the trial, failed as the court subsequently adjourned the matter till June 30 for

Efforts by the prosecution, who placed reliance on Section 306 of the Administration of Criminal Justice Act, 2015, to persuade the court to proceed with the trial, failed as the court subsequently adjourned the matter till June 30 for mention.

Credit: Vanguard

I Changed N7.8bn To Dollars For Badeh – NAF Cashier

A cashier at the Nigerian Air Force headquarters, Emmanuel Abu, on Wednesday narrated to a Federal High Court in Abuja, the role he played in the alleged monthly diversion of N558.2m from the Nigerian Air Force accounts by an ex-Chief of Air Staff, Air Chief Marshal Alex Badeh (retd.).

Abu, who was testifying as the second prosecution witness in Badeh’s ongoing trial, said he routinely converted the N558.2m to dollars which the prosecution alleged was being handed over to the former Air Force chief monthly.

Economic and Financial Crimes Commission is prosecuting Badeh alongside a firm, Iyalikam Nigeria Limited, on 10 counts of money laundering bordering on alleged fraudulent removal of about N3.97bn from the Nigerian Air Force’s account.

The anti-graft agency accused Badeh of using the fund to buy and develop landed assets in Abuja for himself and two of his sons between January and December 2013.

Abu stepped into the witness box after the first prosecution witness, a former Director of Finance and Account of the Nigerian Air Force, Air Commodore Aliyu Yishau (retd.), completed his testimony on Wednesday.

Yishau had testified how he was handing over the dollar equivalent of the N558.2m to Badeh at the Chief of Air Staff’s official residence on a monthly basis and also how he helped Badeh to use the money to acquire landed assets in Abuja.

Abu, who was led in evidence by the lead prosecuting counsel, Mr. Rotimi Jacobs (SAN), on Wednesday said he converted N558.2m monthly removed from NAF’s Personnel and Emolument account for 14 months between November 2012 and December 2013.

He said within the 14 months period, a total of over N7.8bn was set aside and converted to dollars.

Abu explained that he and the Financial Officer at the headquarters of the Nigerian Air Force Camp, Mogadishu Cantonment, Asokoro, Abuja, Group Captain Mohammed Lawal Sini, (now Air Commodore), were the only signatories to the six accounts operated by NAF.

He said Sini gave him the instruction for the monthly setting aside of the  N558.2m immediately he (Sini) became the Finance Officer in November 2014, about a month after Badeh assumed the office of the Chief of Air Staff.

He explained that the N558.2m was a monthly leftover in the Personnel and Emolument account of the NAF after the payment of members of staff salaries and entitlements for a particular month.

He said after the payment of the staff salaries the leftover was usually transferred to the other five accounts of the Nigerian Air Force to augment NAF’s overheads and expenditures.

But he said no voucher was ever raised for its disbursement as it was done for other disbursement from other accounts of the NAF.

He said, “The left over in the personnel and emolument account are transferred to five other accounts after paying salaries, because the balance of the salaries are meant for other purposes, and the personnel and emolument account is just for payment of salaries.

“After distributing the money into five accounts, the funds are used to augment the NAF overheads expenditure. We use them to pay estacode, non-regular allowances, training and operations, also purchase of aviation fuel.

“For the expenditure for the fund, we receive approvals from the headquarters of NAF, usually approved by the Chief of Air Staff, however, in November 2012, when the new Camp Finance Officer resumed, he informed me verbally that there was a standing instruction for the sum of N558,200,000 to be set aside monthly for headquarters, NAF training and operational purposes.

“He also informed me that the amount is to be converted to US dollars, except there is any other instruction to the contrary.

“I complied with the instruction and I converted the amount monthly, from November 2012 to December 2013, within the 14 months, a total of N7.8b plus was set aside, out of this, within the 14 months, I received, instruction to transfer a total sum of N410m to HAFCO Nigeria Limited and N875m plus to Right Builders Technologies.

Under cross-examination by Badeh’s lawyer, Chief Akin Olujinmi (SAN), Abu confirmed that he never received any instruction relating to the setting aside of the N558.2m and its conversion to dollars.

He also said he had no official record of the dollar equivalent of the N558.2m.

Credit : Punch

 

Court Fines SSS N5million For ‘Illegal’ Arrest, Detention Of Ekiti Lawmaker

The Federal High Court, Ado-Ekiti Division, on Wednesday fined the State Security Services, SSS, N5million for illegally arresting and detaining a member of the Ekiti State House of Assembly, Afolabi Akanni, who represents Efon Constituency 1.

Mr. Akanni was whisked away on March 4 by SSS operatives who invaded the House of Assembly complex for alleged breach of security regulations. He was eventually released on March 22.

Mr. Akanni was not in court on Wednesday.

His counsel, Obafemi Adewale, told the judge, Taiwo Taiwo, his client could not be physically present because he was still receiving “post-traumatic” treatment in a hospital outside the state.

Delivering his  judgment, the judge, noted that the Respondent, SSS, had all along failed to either deny or defend the position, facts and allegations of the applicant.

He said in the eyes of the law, “there is no basis for the court to believe that all that the applicant had alleged against the DSS were not true.”

According to him, Mr. Akanni’s fundamental rights as a citizen of Nigeria, as specified by the principles of the Rule of Law and the African Charter on the Rights of individuals, had been violated by the SSS in illegally arresting and continually detaining him for 18 days.

The court also granted three out of the four reliefs sought by the applicant’s counsel, which are, “whether the applicant’s unlawful arrest and detention is justified , whether the said intimidation, torture and continued detention is not a violation of his fundamental human rights and a violation of the Rule of Law, and whether the applicant’s is not entitled to damages”.

Credit: PremiumTimes

Husband Battering: Court Dissolves 33 Year Old Marriage

Unable to withstand further beatings from his wife of 33 years, Emmanuel Osuya , 58, on Wednesday secured a divorce from the battering woman, Abigail.
“My wife wants to kill me, she beats me almost every day with dangerous weapons. On three occasions, she broke my leg, preventing me from going out for days.

“Due to her frequent beating, I got paralysed in 2012 and that made the beating unabated,’’ the News Agency of Nigeria (NAN) quotes Osuya as pleading.
An Igando Customary Court in Lagos dissolved the marriage, as its president, Mr Adegboyega Omilola said he was convinced that the couple could no longer live together as the petitioner insisted on divorce after several interventions.
“The court has no choice than to dissolve the union in spite of the fact that the wife still claims she loves her husband.
“The couple can no longer stay together because the marriage has broken down totally: both parties are no longer husband and wife, they are free to go their separate ways,” Omilola ruled.
Osuya, a retired civil servant, had approached the court to dissolve his 33-year-old marriage over alleged battering by his wife.
Osuya said that Abigail, with whom he had five children, was always threatening his life through battering, and that he was afraid she might kill him one day.
Osuya also accused his wife of turning his children against him, thereby making them to hate him.
“Abigail succeeded in creating enmity between me and my children, she tells them false and damaging stories about me in order for them to hate me.
“So, my children only care for her by sending her money and other items every month, without extending their love to me. They always ignore me as if I do not exist,’’ the battered husband said.
The petitioner also described his wife as a thief that was always stealing his money, rendering him financially broke.
He said it became so bad that he could no more keep money at home because of his wife’s penchant for stealing.
“She is not always satisfied with the money I give her, in spite of the fact that my children always send her money every month,’’ the petitioner said.
Osuya added that Abigail also starved him of food and sex.
He appealed to the court to dissolve the marriage, saying that “I am no longer interested in the marriage, I don’t want to die now, more so that I am out of love’’.
The respondent also said that she had never stolen her husband’s money.
The mother of five added that she used to cook for her husband whenever he gave her money for food.
She begged the court not to grant her husband’s prayer that she was still in love with him.

Credit: NAN

Saraki’s Trial: Senators Summon Tribunal Judge

Panel: you must appear on Thursday
I won’t come, says Judge
‘My trial won’t disturb Senate,’ says Saraki

Senators may have set the stage for a major confrontation between them and the Code of Conduct Tribunal (CCT) over Senate President Bukola Saraki’s trial for alleged falsification of assets.
The Senate Committee on Ethics, Privileges and Public Petitions yesterday summoned CCT Chairman Justice Danladi Umar over allegations of corruption against him.
The invitation, coming on a day Justice Umar said Saraki’s trial will run daily, appeared a new twist to the matter.
In a letter signed yesterday by the Clerk of the Committee, Freedom Odolo,the Senate asked Justice Umar to appear unfailingly by 2pm on Thursday.
But Justice Umar replied the committee that he has a court sitting on Thursday and throughout the week.
He said he would not be available until after the court sittings, which is on Saraki’s trial.
The invitation letter was delivered to the CCT chairman shortly after he ruled that the tribunal will be sitting daily from 9am to 6pm.

The committee said: “Your letter with reference number CCT/HQ/ 126/S/ 111/ 515 dated 1st April, 2016 in which you requested for more time to enable you attend the hearing was received.
“After due consideration of your request, the Committee rescheduled the hearing to give you at least two weeks from the 4th of April when you should have appeared.
“Accordingly, you are now required to appear unfailingly as follows: Thursday, 21st April, 2016, Meeting Room 120 New Senate Building, National Assembly Complex. Time: 2pm
“Please, remember to come personally along with 12 copies of any written submission you may wish to present.”
A source said: “The battle line is drawn between the Senate and the CCT chairman. Some Senators are angry over his decision to allow the tribunal to sit from 9am to 6pm.
“They saw the CCT Chairman’s decision as a plot to deny Saraki any opportunity to preside over the Senate plenary throughout his trial.
“Now, these Senators have also launched a counter-attack against the CCT chairman by revisiting the outstanding petition against the judge.
“Shortly after the CCT chairman decided to be sitting daily till 6pm, a letter came from the Senate Committee inviting Justice Umar on the outstanding petition against him.”
But a source in CCT said: “The judge has asked the Registrar of the tribunal to write the Senate committee that he has a court sitting on Thursday and throughout the week and won’t be able to honour the summons.
“The CCT Chairman’s letter was sent last night to the committee”

Credit : The Nation

Artist Who Painted Nude Donald Trump Painting Worth $1m Says She Has Been Threatened With Legal Action

The Artist who painted a nude Donald Trump worth $1m says she has been threatened with legal action if the painting is sold. The nude Donald Trump painting which shows the ‘imaginary’ Trump with a small penis went on sale last month at the Maddox gallery in Mayfair and was named “Make America Great Again” by artist Illma Gore.

The painting went viral after she posted it on her facebook page. The Los Angeles-based artist now says she has received a phone call from an anonymous number threatening legal action if the painting was sold.

“They claimed to be from Trump’s team,” she told the Independent. “I drew Trump nude, I was evoking a reaction from people… so I tried not to think about it until I spoke to a lawyer who suggested I go to the police about it and file a report in case something happens,” she said.

Photo credit: The Independent 

Court Dissolves 2 Years Marriage Over Deceit, Laziness

A Mapo Customary Court in Ibadan on Tuesday dissolved a two-year-old marriage between Bolaji, a banker and her husband, Tope Adeniyi, over laziness and deception into marriage

The presiding president of the court, Mr Henric Agbaje, held that what had just happened should be a big lesson to young ladies and even men.

Agbaje said that they should try as much as possible to distinguish between appearance and reality.
He added that the establishment of an enduring marriage institution transcends mere mouth making in order to put a woman in the house.

“In the interest of peace and tranquility, the court has put an end to the union between Bolaji and Adeniyi.
He awarded custody of the two-year-old child to Bolaji and ordered Adeniyi to N5,000 monthly feeding allowance for the upkeep of the child and his other welfare.

In her petition to the court, Bolaji said that Adeniyi deceived her into a hopeless marriage, painting a picture of what he was not.
“We met each other just at the time when I was just starting my NYSC, making all the promises in this world.

“Adeniyi with his sugar-coated mouth told me that he was a well paid worker of an oil company in Port Harcourt and he did go there often in my presence.

“I eventually got pregnant for him, he then took me to an hotel for our honeymoon and I was surprised that we didn’t go to his home for the honeymoon.

“I received further shock when his elder brother invited us into his apartment to live there for sometimes.

“After six months, his brother’s wife stylishly drove me out when she started misbehaving towards me because we were staying too long in their house.
“With my job as a banker, I started taking responsibility of most of the things, including feeding and furnishing the house.
“Worst still, Adeniyi took to unleashing mayhem on me at any slightest disagreement as well as destroying my property.

“Then, one day, I moved to my parents’ home telling them how providence has brutally changed my life.
“As a matter of fact, Adeniyi had no qualification because he had no higher education, had no job, but dresses well because his brother works with an oil company and sometimes gave him money.

“For more than a year now, we have been staying apart,” Bolaji explained.
Adeniyi, who had no explanation to deny all the allegations rejected the divorce request.
“My lord, I love Bolaji and I don’t want to divorce her for the reason of love and because of our child who might suffer.

“Bolaji’s father had told both of us that he is not interested in any divorce and that anyone who wants to divorce should just write him a letter and not the court process,” Adeniyi said.

Credit: NAN

ECOWAS Court To Hear Dasuki’s Case

The Economic Community of West African States (ECOWAS) court has set aside objections by the Federal Government to a case brought before it by former national security adviser (NSA), Sambo Dasuki, who claimed that he has been unlawfully arrested and detained without trial.

The court ruled on Monday that it will hear the case, saying the matter dealt with “fundamental” human rights issues.

Dasuki, on trial for fraud in connection with the alleged looting of millions of dollars from arms contracts, has been detained since December despite being granted bail.

“From the totality of the issues brought before this court, it is clear and there is no ambiguity that the applicant is seeking enforcement of his right to freedom,” said Judge Friday Chijoke Nwoke.

“In our opinion, what Dasuki brought before us as a case is an issue for the enforcement of his fundamental rights to liberty.”

The ECOWAS decision to hear Dasuki’s case comes less than a week after an Abuja court directed the Nigerian government to allow the former security chief access to his lawyers.

Credit: ngrgaurdian

Court Grants Pastor Caught With Human Skulls Bail

A magistrate court sitting in Ilorin, the Kwara State capital, has granted bail to one Pastor Gabriel Josaya, (a.k.a Eli-Wakuku), the founder of St Moses Orimolade Cherubim and Seraphim Church, Osere area, Ilorin, who was allegedly caught with human heads some weeks ago.
In her ruling, Magistrate Kehinde A. Yahaya, who also ruled on bail application on other two accused persons, Gabriel Moyosore and Yinusa Sa’ad Ayinla, said the accused persons were granted bail in the sum of N2 million each with sureties, who must be civil servants on Grade Level 14 and above.

She said the sureties must have landed property within the jurisdiction of the court.
The accused persons were, however, not in court because the Prison Service authority informed the court that they couldn’t get fuel to transport them to court.
It was alleged that on February 5, Eli-Wakuku conspired with Moyosore, Ayinla and Alfa Alaba Isiaka (now at large) and others to exhume corpses at the Muslim burial ground and remove the heads of the dead.
They were accused of unlawfully gaining entry into the Muslim cemetery in Osere area of Ilorin, since 2009 till date, where some human skulls were allegedly removed by them which they sold to various customers at the rate of N8,000 per skull.
They were charged with criminal conspiracy, criminal trespass and unlawful possession of human heads, offences contrary to sections 97, 348, and 219 of the penal code.

Credit: dailytrust

Court Slams Zuma For Use Of Public Funds To Renovate House

South Africa’s top court on Thursday delivered a damning verdict against President Jacob Zuma, saying he flouted the constitution over public funds used to upgrade his private residence, sparking immediate calls for him to be impeached.

Zuma “failed to uphold, defend and respect the constitution as the supreme law of the land,” Chief Justice Mogoeng Mogoeng said in a strongly-worded ruling from the Constitutional Court in Johannesburg.

The court judgment came as Zuma fights back against separate allegations that a wealthy Indian family influenced ministerial appointments in a scandal that has rocked his government.

Zuma has also been battered by the country’s sharply declining economy. But he retains a strong grip on parliament through his dominant leadership of the ruling African National Congress (ANC) party, and any impeachment bid looked unlikely to succeed. The so-called “security” upgrades at Zuma’s rural homestead, which were valued in 2014 at 216 million rand (then $24 million), included a swimming pool, a chicken run, a cattle enclosure and an amphitheatre.

“The president must personally pay the amount determined by the national treasury,” Mogoeng said on Thursday.

Read more:

http://www.vanguardngr.com/2016/03/court-slams-president-zuma-for-use-of-public-fund-to-renovate-house/

Staff Drags ITF To Court Over Sack

The Industrial Training Fund (ITF), has been dragged to the Industrial Court sitting in Jos, by one of its staff, Mr. Joseph Bitrus Musa, over a sacked letter terminating his appointment.

Mr. Musa is seeking for an order of perpetual injunction, restraining the ITF either by itself, agents, privies or any other person from terminating his service pending the determination of Suit No. NICN/Jos/56/2014, which he filed.

The suit also has one Hassan Umaru, the Director, Administration and Human Resources as Co-Respondent.

In the Amended Complaint filed by Musa’s Counsel, Bitrus Fwangshak (Esq), at the Industrial Court is also seeking an order of Court, setting aside the letters dated 9/12/2014 and 16/12/2014, purporting to terminate the client service of his client.

According to the claim of Mr. Joseph Musa, he want the Court to declare that the respondents lack the vires to compulsorily retire him from the service of the ITF and to also declare that his service can only be terminated by the Federal Ministry of Trade, Industry and Investments.

Furthermore, Mr. Joseph Bitrus, want the court to declare that, in view of the letter dated 3/11/2014 and received in the office of the Director General of the ITF on 4/11/2014, his service cannot in any way be terminated until there is a clarification thereof and for the Court to declare that by virtue of the circular dated 7/3/2014, with reference number OHCSF/062/vol.111/150, he has up to 2018 to retire from service.

Credit: DailyTimes

Lekki Gardens MD Gets Bail On Self-Recognition

Robert Nyong, the Managing Director of Lekki Garden Homes was on Thursday granted bail on self-recognition by Chief Magistrate Afolashade Botoku of an an Ebute Meta Court.

 

She had slammed a bail of N10 million with two sureties on Taiwo Odofin, one of the contractors of the collapsed building.

 

She ordered that the duo should report at the State Criminal Investigations and lntelligence Department, SCIID, Panti-Yaba, between the hours of 10.00 a.m., and 5.00 p.m., everyday untll the police investigations were concluded.

 

She asked them to submit their international passports and should not travel out of the country untill the case was concluded.

 

The News Agency of Nigeria (NAN) reports that Botoku had on March 11 ordered the remand of Robert Nyong, MD of Lekki Garden Homes and Taiwo Odofin, one of the contractors handling the project at their first arraignment following a remand application brought before it by the police.

Nyong is the owner of the five-storey building that collapsed in Lekki area of the state which killed 35 poeople.

 

The police had urged the court to remand the two defendants pending when they would conclude investigations.

 

When the case came up on March 23 to hear their bail application, the police had failed to produce the accused and Botoku frowned at the attitude of police.

 

At the hearing, Botoku, who stood down the case for an hour, ordered the policemen to produce the accused before their bail applications could be heard.

 

The prosecution led by Mr Goddey Osuyi from the Police Legal Department, informed the court that the police failed to produce the two accused due to an intelligence report that that some hoodlums had planned to attack the court.

 

Osuyi had said that in the interest of safety, it was not advisable for the police to bring the accused to court.

 

Lawyers to the accused, Mr Olabode Olanipekun and Mr A. Uwangboje told the court that the prosecutor had informed them earlier before the court sitting and urged the court to apply its judicial discretion in entertaining the excuse.

Botoku, in her ruling, disagreed with the police submission, saying that the court will not submit to a threat, which is the duty of police to ensure that adequate security was provided.

 

She adjourned the case to March 24, and ordered police to ensure the the two accused were present in court.

 

NAN reports that the court had on March 11 granted an ex-parte application brought before it by the police, seeking to remand the two accused in its custody pending conclusion of investigation.

 

(NAN)

Alleged N1trn fraud: Court Stops Senate, IGP From Arresting Lamorde

Abuja Division of the Federal High Court has restrained the Senate and the Inspector-General of Police, Mr. Solomon Arase, from arresting the former Chairman of Economic and Financial Crimes Commission, EFCC, Mr. Ibrahim Lamorde, over his alleged complicity in N1 trillion fraud.

 

Justice Gabriel Kolawole issued the order on the basis of an ex-parte motion Lamorde filed before the court through his lawyer, Mr. Festus Ukpue.

 

The former EFCC boss had in the application, dated March 7, begged the court to stop the Senate from issuing a warrant for his arrest, pending the hearing and determination of a substantive suit he lodged before the court.

 

Lamorde was earlier summoned by the Senate to account for funds the anti-graft agency, under his leadership, seized from some alleged corrupt public office holders. The funds were said to have been re-looted, with no record kept on how it was remitted or utilised.

 

Meanwhile, without honouring the invitation by the legislative house, Lamorde ran before the court with a suit challenging the investigative process the lawmakers initiated against him.

 

Although his suit is still pending before the court, Lamorde who was said to have gone into hiding, sensing an intensified move to get him arrested, quickly filed an ex-parte motion to abort plans to apprehend him.

 

Justice Kolawole, after listening to the ex-parte motion, ordered: “A limited order of injunction is hereby granted to restrain the defendants, pending when they are heard on the reply to the plaintiff’s motion on notice. “That the plaintiff’s counsel is hereby directed to obtain a certified true copy of the order in this ruling, and cause same to be served on the Inspector-General of Police.”

 

Credit : Vanguard

Court Jails Man 2 Years For Internet Love Scam

Justice Kudirat Jose  of the Lagos State High Court, Ikeja yesterday convicted and sentenced a 25 year old man, Ibobo Frank alias James Simmons to two years imprisonment for defrauding two American women of various sums of money by posing as their white lover.

Frank, who was arraigned before the court by the Economic and Financial Crimes Commission (EFCC) on a two-count charge of possession of documents containing false pretence, pleaded guilty to the charge.

The EFCC counsel, Ade Adebayo had told the judge that the commission received a petition from “a concerned Nigerian”, who refused to disclose his identity, that a group of small boys living at different apartments located  at Westwood Estate, Lekki, Ajah, Badore in Lagos, were living far beyond their means of livelihood.”

Adebayo also stated that after carrying out preliminary investigation, some EFCC operatives swooped on Westwood Estate on January 7, and arrested Frank.

The lawyer further disclosed that at the time of the arrest Frank had in his possession, with intent to defraud, email conversations sent between September 24 and December 18, 2014, containing false information wherein he represented himself as a white man to one Nancy Rooley.

He said Frank was also found in possession of email conversations sent between December 15 and 27  “containing a false pretence wherein he  represented himself as James Simmons, a white man purportedly in love with one Shirley Davis.”

Credit: Leadership

Court Grants N300,000 Bail To Alleged Rapist

A Gudu Upper Area Court in Abuja on Wednesday admitted Ibrahim Ali to bail in the sum of N300, 000 for alleged rape of a 10 year-old girl.

The presiding officer, Umar Kagarko, said the court admitted the defendant to bail because of the number of days he spent in custody during interrogation.
Kagarko ordered Ali to produce a reliable surety in like sum.

He said the surety must be a public servant with a reasonable grade level and reside within the jurisdiction of the court.

He adjourned the case till May 31 for hearing.

Ali of Bwari was arraigned on a two-count charge of rape, threat and criminal intimidation.

The Prosecutor, Olajide Olanipekun, told the court that Saadiya Haliru of Shere Bwari, reported the matter at Bwari Police Station on Feb. 9.

He said that Ali had on Jan 25, had unlawful and forceful carnal knowledge of her without her consent.

Olanipekun said that the incident took place at an uncompleted building at Shere village, Bwari in FCT.

The prosecutor said police investigations revealed that Ali also threatened to kill the girl if she told anybody about it.

He said Ali had confessed to the crime, adding that the offence contravened Sections 283 and 397 of the Penal Code.

Ali pleaded not guilty.

Credit: NAN

Dasuki Refused To Be Brought To Court – EFCC’s Lawyer

The Economic and Financial Crimes Commission told Justice Baba Yusuf of a Federal Capital Territory High Court in Maitama, Abuja, on Wednesday that the immediate past National Security Adviser, Col. Sambo Dasuki (retd), refused to be brought to court for his trial.

 

The EFCC is prosecuting Dasuki and his co-accused ? a former Director of Finance and Administration in the NSA office, Shuaibu Salisu? and a former General Manager, Nigerian National Petroleum Corporation, Aminu Babakusa ? on 19 counts of diversion of? N32bn meant for arms procurement.

 

Two companies – Acacia Holdings Limited and Reliance Referral Hospital Limited – belonging to Babakusa are also being accused.

Justice Yusuf had on February 8 fixed Wednesday for trial to begin after dismissing the application by Dasuki, seeking an order prohibiting the EFCC from further prosecuting him on account of his continued detention.

 

However, on Wednesday, Dasuki, who ?had remained in the custody of the Department of State Services since December 29, 2015, was not produced in court.

 

His two lead counsel, Messrs Joseph Daudu (SAN) and Ahmed Raji (SAN), were also absent from court.

But lead prosecuting counsel, Mr. Rotimi Jacobs, informed the judge that Dasuki refused to be brought to court because the senior lawyers defending him would not be present in court on Wednesday.

“The first defendant said he would not be in court unless he is abducted because his lead counsel, J.B Daudu and Ahmed Raji, were not going to be in court,” Jacobs said.

Jacobs said Daudu had informed him of an application for stay of the proceedings of the trial which was filed before the Court of Appeal on behalf of the former NSA.

He maintained that the law never stopped an accused person in detention from facing trial.

He also alleged that Dasuki’s lawyers had deliberately refused to visit their client in the DSS’ custody so that they could continue to use the excuse of lack of access to hom (Dasuki) as an excuse to frustrate the case.

Jacobs said, “When a defendant is in custody, the counsel should be allowed access to the defendant.

“I asked the DSS whether the lawyers ever made attempt to see him, they said they never did. It is a deliberate plant to frustrate the trial.”

Counsel who represented Dasuki in court on Wednesday, Mr. Wale Balogun, however debunked the allegation that his client refused to be brought to court.

He said, “Concerning the allegation, the defence lawyer is not aware of it. The defendant is not in court. He has not been produced. It is the requirment of the law that he should be here. The proecution has not applied for the accused to be excused form court.

“The DSS official should have deposed to an affidavit? to that effect.”

The other defence lawyers, including Mr. Solomon Umoh (SAN), said the matter could not proceed due to Dasuki’s absence.

Justice Yusuf adjourned the case till April 6.

Another ?judge of the FCT High Court in Maitama, Abuja, Justice Peter Affen, before whom, Dasuki and others are being prosecuted for alleged diversion of N19bn arms fund had fixed ?April 20 and 22 for trial.

Justice Affend had fixed the date for trial after dismissing another application by Dasuki to stop his trial on account of his continued detention.

Dasuki’s co-accused with respect to the case includes a former Director of Finance and Administration in the Office of the NSA, Shuaibu Salisu, and a former Minister of State for Finance, Bashir Yuguda.

The other co-accused are, a former Governor of Sokoto State, Attahiru Bafarawa, the ex-governor’s son, Sagir Attahiru, and a firm, Dalhatu Investment.

Meanwhile Justice Adeniyi Ademola of the Federal High Court in Abuja had also fixed April 4 for ruling on similar application filed by Dasuki to stop his trial on four counts of money laundering and illegal possession of firearms.

 

Credit : Punch

Court Adjourns Trial Of Ex NIMASA DG, Others Till April 18

A Federal High Court in Lagos on Wednesday fixed April 18 for continuation of the trial of former NIMASA boss, Patrick Akpobolokemi and five others, charged with N2.6 billion theft.
Justice Ibrahim Buba adjourned the case which was earlier fixed for trial, to April 18.
The adjournment was at the instance of the court.
The judge said it was saddled with much work load and so fixed the continuation of trial on the next adjourned date.
Akpobolokemi is standing trial alongside Ezekiel Agaba, Ekene Nwakuche, Amaechi Juan and two companies, Blockz and Stonez Ltd and Al-Kenzo Logistics Ltd, on a 22-count charge bordering on the offence.
The accused are charged by the Economic and Financial Crimes Commission (EFCC).
They had all pleaded not guilty to the charge.
Justice Buba had granted them bail in the sum of N50 million each, with two sureties each in like sum.
In the charge, the accused were said to have committed the alleged offences between December 2013 and March 2014.
The prosecution alleged that in February 2014 in Lagos, the accused persons conspired to convert about N437 million belonging to NIMASA.
They were said to have on January 9, 2014 converted to their private use, about N66 million and between April and August 2014, converted the sums of N21 million and N53 million respectively, to their use.
The total sums of money allegedly converted by the accused is said to have amounted to about N2.6 billion.
The offence is said to have contravened the provisions of Sections, 15 (1), 15 (3) and 18 (a) of the Money Laundering (Prohibition) Act, 2012.

 

(NAN)

Court Strikes Out Case Of Self-Confessed Boko Haram Agent

A self-confessed Boko Haram agent, Mr Lawrence Ugwu, has begged a Karu Chief Magistrates’ Court, Abuja, to forgive his criminal intimidations to his former employer.
Ugwu, former staff of Top View Hotel, Abuja, was arraigned on a charge of criminal intimidation contrary to Section 397b of the Penal Code.
He pleaded guilty to the charge and promised to be of good conduct by writing undertaking of good behaviour to the court.
Ugwu told the court that frustration led him to using threat of being a boko haram agent to extort money from the complainant.
The complainant, the management of Top View Hotel, had pleaded with the court to temper justice with mercy, saying “the management of the hotel has pardoned him’’.
The hotel also begged the court to strike out the case, since it had lost interest in the case.
Prosecutor Ashashi H.P had told the court that the defendant sent a text message from his handset to the complainant telling him that “he is an agent of boko haram’’.
Ashashi said the text message stated that “I am coming to night to drink star at the hotel and bomb it.
“You should get ready for mass burial. I have done it in Emab Plaza some time ago.’’
The Magistrate, Folashade Oyekan, struck out the case following a plea by the complainant.
Oyekan admonished Ugwu never to allow frustration lead him to committing crime.

 

(NAN)

Dauski’s Absence Stalls Trial

The absence of retired Col. Sambo Dasuki, a former National Security Adviser (NSA), on Wednesday stalled his trial at an FCT High Court, Abuja.
Dasuki, Shuaibu Salisu, a former NSA Director of Finance, and ?Aminu Baba-Kusa, a former Executive Director, NNPC were arraigned for diversion of N13.6 billion meant for purchase arms.
The other defendants were Acacia Holding Limited and Reliance Referral Hospital Limited.
At Wednesday’s hearing, Mr Rotimi Jacobs (SAN), told the court that Dauski refused to come to the court because his lead counsel would be absent.
Jacobs said that he persuaded him to come but he said, “unless you abduct me, I am not coming’’.
Citing Sections 267(2) of the Administration of Criminal Justice Act, he said that it was a deliberate effort made by the first defendant and his counsel not to appear in court.
However, Mr Wale Balogun, holding brief for Mr Joseph Dauda (SAN), told the court that it was the duty of the prosecution to produce the first defendant in the court.
He said that the prosecuting counsel did not produce affidavits evidence before the court as for why he could not produce the first defendant.
Olakayode Dada, Mr Solomon Umoh (SAN), Dr Abiodun Layoun (SAN) and Mr Olajide Ayodele counsel for 2nd to fifth defendants, respectively aligned themselves with Balogun’s submission.
Justice Husseni Baba-Yusuf adjourned the till April 6 for continuation.

 

(NAN)

Alleged theft of N754m Fraud: Ex-NIMASA Boss, Akpobolokemi, Others Lose In Court

An Igbosere High Court, Lagos, on Monday dismissed a preliminary objection filed by a former Director-General of Nigeria Maritime Administration Safety Agency (NIMASA), Patrick Akpobolokemi, challenging the jurisdiction of the court over alleged stealing of N754.7 million.

 

Mr. Akpobolokemi is standing trial on a 13-count charge of stealing.

 

He was arraigned by the Economic and Financial Crimes Commission alongside Captain Agaba, Ekene Nwakuche, Governor Juan, Vincent Udoye, Captain Sahib Olopoenia and a company, Gama Marine Nigeria Ltd.

 

Mr. Akpobolokemi had through his lawyer, Joseph Nwobike (SAN), filed a notice of preliminary objection challenging the jurisdiction of the court to hear the suit.

 

He argued that by virtue of provisions of Section 251 (1) (a) and (3) of the Constitution, only a Federal High Court had exclusive jurisdiction to hear cases pertaining to and or connected with the revenues of the Federal Government of Nigeria and its agencies.

 

Also, the 4th accused, Governor Juan, through his counsel, Ige Asemudara, also filed a similar application.

 

Ruling on the preliminary objections, Justice Raliat Adebiyi, dismissed all the objections raised by the applicants on the grounds that they lacked merit.

The court held that the applicants wrongly raised the issue of double jeopardy.

She also said that there was no connection between the two charges filed against some of the accused before the Federal High Court and the one before the High Court of Lagos State.

 

Justice Adebiyi held that the offence of stealing was clearly within the jurisdiction of the Lagos High court.

She added that it would be too early at this stage of proceedings to determine whether Lagos High Court lacked jurisdiction to determine the suit.

 

The judge held that the issue of jurisdiction could be raised at any stage of the proceedings.

 

The applicants had in their preliminary objections argued that the provisions of Section 251 (1) (a), (P) and (3) of the Constitution supercedes the provisions of the Criminal Law of Lagos State 2011 and that of the Economic and Financial Crimes Commission Establishment Act, 2004.

 

They also argued that the High Court of Lagos lacked the requisite jurisdiction to entertain criminal cases and matters arising from the revenue of the Federal Government of Nigeria.

But the EFCC, in its counter-affidavit, urged the court to refuse the application in the interest of justice more so when the prove of evidence before the court clearly linked the applicants to the alleged offence.

The accused were arraigned on Jan. 25 by the EFCC over alleged stealing of N754. 7million belonging to NIMASA.

 

They pleaded not guilty the charges and were granted bail.

 

The case was adjourned to April 14 and 20 for trial.

 

(NAN)

Ese Oruru: Court Grants Yunusa N3m Bail

A Federal High Court sitting in Yenagoa, Bayelsa State, Monday, granted bail in the sum of N3 million and two sureties in like sum to Daihiru Yunusa, aka “Yellow,” who is standing trial on a five count charge of criminal abduction and sexual exploitation of a minor, Miss Ese Oruru.

 

Trial judge in the matter, Justice H. Nganjiwa, while ruling on the bail application, ordered that the accused be remanded in prison custody until the bail conditions are fulfilled and adjourned the case to April 19 for hearing on the motion for secret trial filed by the prosecution, by Mr. Kenneth Dike.

 

Yunusa in court According to the bail conditions reeled out by the court, the defence counsel shall undertake that they will provide the accused person in court for trial, while one of the sureties must be a renowned title holder in the community and the other, a public servant from level 12 and above.

 

Both sureties must be resident in Bayelsa State and must submit their three years tax clearance certificate, while the public servant must also submit a letter of first appointment and last promotion letter. Reacting to the bail conditions, defence lead counsel Mr. Kayode Olaosebekan, said they were grateful to the court for the ruling.

 

Credit : Vanguard

Court Dissolves Marriage Over Constant Battering

A Customary Court in Osogbo, Osun State, has dissolved a marriage of eight years between a trader, Mrs. Adedeji Suliyat, and her husband, Mr. Adedeji Teslim, who is a shoe-maker, over the husband’s constant beating of his wife.

Suliyat who dragged her husband to court accused him of lack of care for both her and their two children, including absence of peace in their matrimonial home.

“I have reported him to his parents but they told me they were less concerned and that we should sort ourselves out since we agreed to marry ourselves,” Suliyat added.

Teslim, however, denied his wife’s claims but agreed to have the marriage dissolved, saying Suliyat turned him into a shoe-maker.

“I was doing well and living comfortably in Lagos before she made me lose my job due to her constant trouble, now I am just managing myself but things are hard, I even find it hard to eat sometimes,” he said.

After listening to both parties, the president of the court, Chief Gabriel Oparanti, dissolved the marriage with immediate effect.

He, however, implored the husband to take the welfare of his children seriously despite the divorce.

Credit: Dailytimes

Ibinabo Back In Prison As Bail Bid Fails

Embattled star actress Ibinabo Fiberesima, who was convicted by the Court of Appeal in Lagos on March 11, was yesterday unable to secure bail from the Court due to incompetent application.

 

The three man-panel, presided over by Justice UI Ndukwe-Anyanwu, said that the appellant failed to attach copies of the judgment that was delivered by the court which affirmed the five years jail sentence imposed on her.

 

The other Justices on the panel are Justice Samuel Oseji and Justice Tijani Abubakar. When the matter came up yesterday, Ibinabo’s lawyer, Nnaemeka Amaechina informed the court of an application dated March 14 stating that he had also served the application on the Lagos State government (respondent).

 

However, the application could not be heard as the court observed that the appellant failed to attach copies of the judgment of the court as exhibit thereby rendering the whole application incompetent.

 

Justice UI Ndukwe-Anyanwu, said the only option left was to strike out the application or adjourn it till further date for hearing.

 

Consequently, Amaechina sought for an adjournment to enable him do the needful. The court subsequently adjourned the matter till April 7 for hearing.

 

Meanwhile, Ibinabo has asked the Supreme Court to set aside the judgment of the lower court. In her Notice of Appeal, the appellant stated that the Court of Appeal erred in law when it affirmed the alteration by the High Court of Lagos state by setting aside the option of N100, 000 fine and substituting it with a term of 5 years imprisonment.

 

Credit : Vanguard

Court Orders Release Of Dasuki’s Former Aide

An Abuja High Court sitting at Jabi has ordered the Economic and Financial Crimes Commission, EFCC, and the Nigerian Army, to forthwith, release Col. Nicholas Ashinze, a former aide to the erstwhile National Security Adviser, NSA, Col. Sambo Dasuki (retd.), who has been in detention since December 23, 2015. ?

In a judgment on Monday, Justice Yusuf Haliru, directed the respondents to immediately release the applicant on self-recognition, saying his detention for over three months without trial, was “?illegal, wrongful, unlawful and constituted a blatant violation of the fundamental rights of the applicant”.

The court also ordered immediate release of documents and items the anti-graft agency seized from the house of the applicant. Col. Sambo Dasuki ?Justice Haliru blasted both the EFCC and the Army which he said acted as if Nigeria was still under military ?dictatorship.

“The EFCC is a creation of the ?law. The court will not allow it to act as if it is above the law. It is remarkable to note that the motto of the EFCC is that nobody is above the law, yet they are acting as if they are above the law.

“The EFCC Act is not superior to the constitution of the Federal Republic of Nigeria. The respondents in this matter have not behaved as if we are in a civilised society. They have behaved as if we are in a military dictatorship ?where they arrest and release persons at will. ?

“The respondents, I must be bold to say- the EFCC and the Army- have behaved like illiterates”, the Judge added. ? He said the constitution stipulated that any person so detained should be charged to court within reasonable time not exceeding two months from the date of arrest. Justice Haliru stressed that under section 36 of the 1999 constitution, as amended, an accused person is deemed innocent until his guilt is established.

? “Why has the 1st respondent kept the applicant without bringing him to court? Why was the applicant, being a serving military officer who could be easily reached, not granted administrative bail? Or is it that the applicant has been found guilty and already serving his jail term?

? “Nobody should be subjected to the whims and caprices of the EFCC. The essence of the rule of law and constitutional provisions is to ensure a just balance between the ruler and the ruled, between the powerful and the weak.

“Though the EFCC has the responsibility to investigate financial crime, it must however conduct its operations in accordance with the rule of law.

“The court is empowered to guard against i?mproper use of power by any member of the society or agency, EFCC inclusive.?

“The detention of the applicant, for all intent and purposes, is not just unfair but unfortunate”, the court held.

Credit: Vanguard

I Sold Car Used For October 1 Bombing, Witness Tells Court

Trial of the alleged mastermind of the 2010 Independence Day bomb blast that killed twelve persons at the Eagle Square in Abuja, Mr. Charles Okah?, resumed yesterday, with one of the witnesses, Ishaka Abba, admitting that he was the one that sold the car that was used ?for the terrorist act. ?

Abba who made the disclosure before the Federal High Court sitting in Abuja, testified as the eleventh prosecution witness. He was bought before the court by the federal government which is prosecuting Okah alongside his alleged accomplice, Obi Nwabueze.

Abba who could only speak pidgin-English, gave his Evidence-in-Chief through an interpreter. Narrating how the transaction took place, the witness, said it was the 2nd accused person, Nwabueze, that persuaded him to sale the Mazda 626 Saloon car to him. Abba told the court that ?he is an automobile electrician based at Oshodi in Lagos. He also identified the 2nd defendant in the dock, saying he had also disclosed the transaction to the Department of State Service via a statement he made on March 19, 2011.

Noting that the 2nd defendant firstly approached him on October 15, 2010, the witness said the transaction was however perfected two days later. He told the court that Nwabueze used the first visit to inspect the car? which he said was given to him sale by one of his customers.

However, while being cross-examined by the defence team led by Mr. Samuel Zibiri and Oghenovo Otemu, said he never had any encounter with Okah. Following an application by the prosecuting counsel, Dr. Alex Iziyon, SAN, trial Justice Gabriel Kolawole, yesterday, moved the court outside to inspect the charred car. Meanwhile, when the witness was shown the car, he said he could not recollect if it was the same one he sold to the 2nd defendant. Earlier, a Chief consultant Pathologist at the National Hospital, Dr. Jubrin Paul, told the court that he was the one that conducted autopsy on seven persons that died as a result of the bombing. Paul further tendered several documents before the court among which included list of the deceased victims and their autopsy reports. Justice Kolawole has adjourned further hearing on the matter till Monday.

It will be recalled that one of Okah’s alleged accomplice, Mr. Osvwo Tekemfa Francis, a.k.a ‘General-Gbokos’, died in prison custody, even as the high court in a separate judgment, jailed the 3rd accused person, Edmund Ebiware, to life imprisonment. The accused persons were initially arraigned before the High Court on December 7, 2010 and subsequently re-arraigned on January 12, 2011.

Okah and Nwabueze were said to have superintended over varying terrorist activities that hitherto took place within the oil rich Niger Delta region of the country, including the bomb explosion that rocked a post amnesty programme that was organised in Warri, Delta State. FG alleged that they endangered the life of President Goodluck Jonathan while Nigeria celebrated its 50th independence anniversary in Abuja.

They were said to have conspired with Henry Okah and one Emmanuel Allison to make a direct attempt to endanger the life of President Jonathan by seeking to drive two motor vehicles wired with time-regulated explosive devices to the Eagle Square where the Independence celebration was taking place.

Credit: vanguardngr

Touching Of Customer’s Breast Lands Shop Owner In Court

A 45-year-old trader, Sunny Onugu, on Friday appeared in a Kado Grade 1 Area Court for allegedly touching a woman’s breast without her consent. Onugu, who resides at Plot 26, Dan-Suleiman Street, Utako, Abuja, pleaded not guilty to the two-count charge of gross indecency and assault. The Judge, Malam Abubakar Sadiq, granted bail to the defendant in the sum of N50,000 with one surety in like sum.

Sadiq said that the surety must be a civil servant not below the position of Grade Level 6. Prosecutor Salisu Khaleel had told the court that Adeyemi Rafiui of the same address reported the matter at the Utako Police Station on Feb. 29. Khaleel said that the defendant touched Rafiu on the breast without her consent while she was paying for a candle she bought at his shop. The prosecutor said that when the woman protested over the assault, the defendant slapped her on the face. Khaleel said the offences contravened Sections 285 and 265 of the Penal Code.

Judge Reverses Conviction, Frees Man Jailed 25 Years Ago

The conviction of a man 25 years ago for the murder of a friend has been overturned.

The woman was found dead, naked, beaten and dragged into a cross-like position in a park, after she left her apartment with the friend who was eventually accused of her murder.

Andre Hatchett’s conviction was overturned on Thursday after prosecutors and defense lawyers said a review of his case had found too many problems for it to stand.

The report said there were several relatives sitting in the courtroom, Hatchett beamed and applauded as his conviction was was overturned.
Hatchett
Hatchett said, “I’m so happy to be free again … I told my family, ‘I’ll be home one day,’ and they know I don’t lie to them.

“I lost my son in here, my mother, my brother, my aunt. I’m just holding on, and now I’m going to get back up,” he added as he left the courthouse, hugging his family members.

According to ABCNEWS, Hatchett’s then-lawyers were never told that prosecutors’ star witness had originally identified another man as the killer. The witness falsely denied on the stand that he’d smoked crack on the day of the killing. And the fact that Hatchett had injuries that raise doubts about his ability to carry out the crime went unmentioned at trial.

“Bad judgment and errors plagued this case from beginning to end,” one of his lawyers, Jim Brochin, said in a statement ahead of a court date Thursday afternoon, when Brooklyn District Attorney Kenneth Thompson’s office planned to ask a judge to throw out Hatchett’s conviction.

“Mr. Hatchett was failed by almost every institution he came into contact with” in a case with sloppy police work, careless prosecutors and a defense that was at best perfunctory, Assistant District Attorney Mark Hale said Thursday.

His case was among more than 100 that Brooklyn prosecutors have been re-examining, in one of the most ambitious reviews of its kind in the country. So far, the DA’s office has disavowed 19 convictions and is standing by 38 others, the report has said.

Court Grants Alex Badeh N2 Billion Bail

A Federal High Court in Abuja has granted Nigeria’s former Chief of Defence Staff, Alex Badeh, a N2 billion bail.

Judge Okon Abang ruled that Mr. Badeh presents two Abuja-based sureties with N1 billion each, in addition to surrendering his international passport.

Mr. Badeh is facing corruption charges, accused of receiving N3.9 billion as part of $2.1 billion arms money allegedly diverted by former National Security Adviser, Sambo Dasuki.

He denies the allegation.

On Thursday, the Economic and Financial Crimes Commission, EFCC, said it recovered $1 million from Mr. Badeh’s apartment, a claim the former defence chief strongly denied.

The prosecuting counsel, Rotimi Jacobs, said the money was found in one of the properties confiscated from Mr. Badeh.

But Mr. Badeh’s lawyer, Samuel Zibiri, said the claim was to seek “media hype”.

Credit: PremiumTimes

Court Dismisses Metuh’s Suit Trying To Stop His Trial

The Fundamental Rights Enforcement suit filed against the EFCC by the National spokesperson of PDP, Olisa Metuh, has been dismissed by Justice Okon Abang of the Federal High Court, Abuja.

The judge dismissed the suit at its hearing this morning March 9th. Metuh had filed the suit challenging his arrest and detention by EFCC over his alleged involvement in the $2.1 billion arms deal scandal.

Metuh asked the court to make a declaration that his arrest on January 5th was unlawful as there was
no warrant of arrest issued by any court. Metuh also argued that his detention by EFCC for 10 days without being charged to court violated his rights. He asked the court to stop EFCC from further arresting him.

Dismissing Metuh’s suit, the presiding judge, Justice Abang held that EFCC had the constitutional powers to arrest and detain him. Justice Abang stressed that his arrest was lawful as it was granted by a Chief Magistrate court. He thereafter dismissed the suit for lacking in merit and awarded a cost of N15, 000 against Metuh.

Court Sentences Man To Death By Hanging For Killing Own Brother

Justice Muhammad Abubakar Sambo of Bauchi High Court has sentenced a 27-year old man, Salisu Ali, of Zango village in Tafawa Balewa Local Government of the state, to death by hanging for committing culpable homicide.

The prosecution counsel, Sabiu Adamu Gumba, had told the court that the accused lured his seven-year old brother, Yusuf Ali, to the bush where he hit him with a stick, killing him instantly.

Mr. Gumba said the accused later cut off the penis of the deceased and gave it to his dog.

In a confessional statement, the accused confirmed that he killed Yusuf due to the misunderstanding between him and the mother of the deceased.

According to him, he did not take any intoxicant while committing the offence and the deceased did not engage him in a fight during the incident as he fell and died instantly.

The prosecution counsel presented his first witness, Aliyu Shehu, who is father to both the accused and the deceased.

He told the court that the deceased was sent to the market by his mother on the day he was killed to buy detergent only for him to be lured by the accused into the bush.

He said a good Samaritan informed him that he saw the accused with the deceased on their way to the bush.

The witness said some youth in the village later forced the accused into the bush where he showed them the body of the murdered boy.

In his judgment, Justice Abubakar Sambo ordered that the accused be hanged on the neck until he was certified dead.

Credit: PremiumTimes

Court Remands Badeh In Kuje Prison

A Federal High Court in Abuja has remanded a former Chief of Defence Staff in Nigeria, Air Chief Marshal Alex Badeh, in Kuje Prison after he pleaded not guilty to a 10-count charge of money laundering.

The court order came after an anti-graft agency, the Economic and Financial Crimes Commission (EFCC), at Monday’s proceeding asked the court to remand the former Chief of Defence Staff.

But in an attempt to make a bail application, the counsel to Air Chief Marshal Badeh, drew the attention of the court to a motion for bail filed by his client on March 2.

The presiding judge, Justice Obong Abang, however, held that the motion was not competent, as the court could only exercises jurisdiction over an accused person when he is arraigned.

Justice Abang thereafter struck out the application for lack of merit, but obliged the request of the accused person’s lawyer to hear the bail application in the shortest possible time.

Meanwhile, the Director of Public Prosecution told the court that he would not be able to commence with the trial.

The trial judge then adjourned till March 19 to hear the bail application.

Air Chief Marshall Badeh is alleged to have used funds of the Nigeria Air Force to purchase choice property in Abuja, Nigeria’s capital city.

According to the EFCC, he illegally used Six million Naira to renovate his son’s house, which he purchased for 260 million Naira in Abuja between January and December 2013.

The former Defence Chief is also alleged to have used 876 million Naira belonging to the Nigerian Air Force to build a shopping mall in  Abuja.

On March 4, a Federal High Court in Abuja turned down a fundamental rights enforcement application filed by Air Chief Marshal Badeh.

Mr Badeh in his application, sought the enforcement of his fundamental rights to liberty pending when the Economic and Financial Crimes Commission (EFCC) would be ready to charge him.

But the presiding judge, Justice James Tsoho, said that there was a subsisting withholding charge order by a Magistrate Court in Lagos, which gave the Anti-graft agency the right to detain him.

Credit: ChannelsTv

Court Refuses Dasuki’s Request To Quash Charges

Court refuses application by Colonel Sambo Dasuki (rtd) seeking to quash the charges against him by the Economic and Financial Crimes Commission (EFCC) for disobeying a court order granting him bail.

The trail judge, Justice Peter Affem, held that contrary to the application by Colonel Dasuki, it was the Department of State Services (DSS), which was not a party in the suit that arrested Colonel Dasuki and not the EFCC.

He agreed with the anti-graft agency that it had not flouted any part of the orders releasing the former National Security Adviser (NSA) on bail.

Justice Affem also held that even though the EFCC and the DSS were Agencies of the Federal Government, the action of one agency could not count for that of the other.

“They were set up under separate laws and have separate responsibilities in ensuring law and order in the country,” he stressed.

“To this end, the application fails in its entity.”

The Judge also rejected the prayer by the former NSA to in the alternative “stay proceedings in the trial, pending when the Department of State Services complies with the order of the court which released him on bail, on the grounds that stay of proceedings are ordered only as a matter of law and not procedures”.

Credit: ChannelsTv

Copyright Infringement: MTN Loses Bid To Stop Trial

A Federal High Court, Abuja, on Thursday held that MTN Nigeria and its Chief Executive Officer, Ferdi Moolman, must face trial over alleged copyright infringements, notwithstanding settlement with a complainant.
Justice Nnamdi Dimgba gave the ruling in an application filed by an Abuja based musician, Dovie Omenuwoma-Eniwo (a.k.a. Baba 2010) seeking a withdrawal of his complaint against MTN over alleged copyright infringement on his works.

 

It will be recalled that the Nigeria Copyright Commission (NCC) had filed a two-count-charge against MTN and Moolman flowing from the petition by Baba 2010.

 

However, following settlement and restitution by MTN over the infringement, Baba 2010 had asked for the withdrawal of his petition and the charge against the defendants.

 

In his decision, the judge held that the complainant had the right to withdraw his petition, but the withdrawal would not vitiate the criminal charge against MTN and Moolman.

 

“I hold that the withdrawal of the petition cannot per force terminate the criminal trial.

The withdrawal of the petition and perhaps the consent judgment reached by the parties only regulates the parties’ obligations in relation to matters strictly within their control.

 

The charge before the court relates to criminal proceedings, which is not affected by the civil arrangements reached between the applicant and MTN.

 

The judge held that the Copyright Act as passed by the National Assembly makes violation of intellectual rights subject of criminal proceedings irrespective of the rights of the copyright owner.

 

According to him, section 24 of the Act provides that criminal and civil actions can be taken simultaneously in respect of the same infringement under the law.

He said the discretion to prosecute or not was that of the NCC, the appropriate law enforcement agency.

 

“I hold that in a situation such as the present one where a copyright owner has withdrawn his petition having settled his differences with the alleged violator, the discretion at all events remains that of the prosecution.

“Indeed, it is a settled principle of law that criminal offences are against the state.

“Until the state has exercised its discretion not to prosecute, the settlement between a nominal complainant and the accused person ought not to affect the criminal proceedings,’’ he said.

 

The judge dismissed the application by Baba 2010 and adjourned until April 11 for the trial of MTN and Moolman.

 

In a reaction, NCC lawyer and the commission’s Director of Prosecution, Mr Abdul-Ter Kohol, said the ruling was well considered by the court.

 

Lawyer to Baba 2010, Mr Rockson Igelige, on his part, said they would study the ruling to decide whether or not they would file an appeal.
(NAN)

Court Sends Abba Moro Back To Kuje Prison, Adjorns Bail Application

A Federal High Court sitting in Abuja on Wednesday sent former Minister of Interior, Abba Moro back to Kuje prison, having adjourned the consideration of his application for bail till tomorrow, Thursday.
The Economic and Financial Crimes Commission, EFCC, had on Monday arraigned Moro alongside a former Director in the Ministry, F.O. Alayebami and former Permanent Secretary in the Ministry, Anastasia Daniel Nwobia on an 11 count charge bordering on complicity in a N676m immigration recruitment scam.

 

The presiding judge, Justice Anwuli Chikere had, during the last sitting of the court, remanded Moro in Prison pending the consideration of his application for bail, while the 2nd defendant, Mrs. Anastasia Daniel-Nwobia, was granted administrative bail on the ground that she is currently nursing a baby. The case was then adjourned to today, Wednesday.

 
In her ruling on Wednesday, Justice Chekere held that Moro and the former Deputy Director in the Ministry, F.O.Alayebami be sent back to Kuje prison while Daniel-Nwobia remain on the administrative bail the court earlier granted her.

 

Credit : Daily Post

‘Allah Ordered’ Child Beheading, Nanny Tells Court

A nanny accused of decapitating a young girl in her care then walking through the street brandishing the head, on Wednesday said “Allah ordered” the killing as she appeared at a Moscow court.

Suspect Gyulchekhra Bobokulova from Muslim-majority Uzbekistan — whom the press have dubbed “the bloody nanny” — was detained on Monday as she was waving the child’s severed head outside a Moscow metro station. She was sent for psychiatric examinations.

“It was what Allah ordered,” the 38-year-old told journalists as she was brought into the district court to have her arrest confirmed and extended.

Speaking in broken Russian from the suspect’s cage, Bobokulova said: “Allah is sending a second prophet to give news of peace” and also complained that she was “hungry”, had not been fed and would “die in a week”.

“Hi to everyone,” said the mother-of-three, waving at the crowd of journalists in the courtroom.

Investigator Olga Lapteva, who was clearly emotional, told the court that Bobokulova was suspected of committing an “extremely serious crime” and that she should face “a mandatory prison sentence of considerably more than three years.”

The court confirmed the nanny’s arrest and ordered her held in custody for two months as investigations continued.

Investigators said they were still trying to establish if Bobokulova had any accomplices.

Bobokulova has been undergoing psychiatric examinations since her detention over the murder of the girl, Nastya, whom the judge said was born in 2011. Investigators had initially estimated she was three or four years old.

She is suspected of butchering the girl, who had suffered from learning disabilities and epilepsy, at the family’s apartment in northwestern Moscow, before torching it and fleeing the scene.

Credit: Guardian

NIMASA Fraud: Court Admits More Exhibits Against Akpobolokemi, Others

A Federal High Court sitting in Lagos has admitted more exhibits against a former Director- General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Patrick Akpobolokemi and five others.

At the resumed hearing of the matter on Tuesday, prosecution counsel, Rotimi Oyedepo, presented one of the three witnesses he earlier brought before the court.

The witness, Olamide Ogunsanya, an Assistant Director in NIMASA disclosed to the court, how the sum of 795,200,000 Naira was paid into the International Shipping and Port Safety (ISPS), account and how the same amount was disbursed.

The witness told the court that approval for the disbursement of the money came from the office of Mr Akpobolokemi.

The document conveying the presidential approval through the office of the National Security Adviser (NSA), was identified by the witness and same was admitted as exhibit P22.

On the document, Mrs Ogunsanya identified the endorsement of the first accused person, Akpobolokemi.

Also tendered through the witness, are letters from NIMASA to the Accountant General of Federation and approval from the Accountant General’s office.

The documents were eventually admitted as exhibits P24 and P25 respectively.

The witness also identified the third accused person, Ekene Nwakuche as the first beneficiary in the disbursement of the 795,200,000 Naira.

She told the court that between September 16, 2014 and November 6, 2014, Nwakuche received 3,000,000 Naira each, on eight occasions, from the ISPS account totalling 28,000,000 Naira.

Other beneficiaries are Avant Guard Securities, 94,000,000 Naira; Extreme Vertex Limited, 318,000,000 Naira ; Suco Global, 15,000,000 Naira; O2 Services Limited, 21,200,000 Naira and 16,000,000 Naira; and Aroward Consulting, 70,000,000 Naira.

The witness said that there was a balance of 198, 635 Naira (left in the account).

Credit: ChannelsTv

I Caught My Wife With Her Boyfriend In My House, Man Tells Court

A middle-aged man, Dare Falana, on Tuesday told an Igando Customary Court that he caught his wife, Ganiyat, eating “Tantalizer’’ take-away with her boyfriend in his living room.

Dare had urged the court to dissolve his marriage blessed with three children because of his wife’s infidelity, sex starvation and frequent fighting.

“Usually I come home late at night, but on this faithful day I decided to come home early, only for me to meet her with her boyfriend eating Tantalizers in our home.

“I was too shocked to say anything; I left them there and went out but by the time I came back the man had left.

“There was a time I went to Abuja before I came back she got into a fight and was arrested. I spent the N40, 000 I brought from Abuja on that case.’’

He told the court that “my wife starves me of sex whenever I demanded for it.

“I have to beg my wife for sex as if she is still my girlfriend. She plays all sorts of unimaginable pranks to escape having sex with me.

“She only comes to me for sex when she feels like and not the other way round.

“When I complaint to her sister, she told her that he have a disease that’s why she stopped having sex with me.

“I’m feed up, I can’t continue this way,’’ he said.

The respondent denied allegations of infidelity, but admitted that she usually starve her husband of sex.

“He married me a virgin, how can I be so bold and bring my supposed boyfriend to my husband’s house, the supposed boyfriend is my distance relative.

“I called my distant cousin, and told him I was hungry and that my children don’t have food to eat when they return from school.

“I specifically told him to get food for me and my children from the eatery.

“My husband’s ways are questionable, he acts and talks desperately about making money at all cost.

“He keeps comparing me to his friend’s wife.

“My husband told me that his friend’s wife is an ogbanje (witch) and she uses that to bring goodluck to her husband, that I should be doing same for him, which I refused.

“He beats me up, but in spite of this I still love my husband,’’ Ganiyat said.

The court President, Adegboyega Omilola, ordered the couple to attend an Alternative Dispute Resolution (ADR) on March 17.

He adjourned the case till March 29 for hearing.

Credit: Guardian

Breaking : Obasanjo, Yar’Adua, Jonathan Govts Must Account For Recovered Loot – Court

The Federal High Court sitting in Lagos in a landmark judgment has held that successive governments since the return of democracy in 1999 “breached the fundamental principles of transparency and accountability for failing to disclose details about the spending of recovered stolen public funds, including on a dedicated website.”

 

The court then ordered the government of President Muhammadu Buhari to “ensure that his government, and the governments of former President Olusegun Obasanjo, former President Umaru Musa Yar’Adua, and former President Goodluck Jonathan account fully for all recovered loot.”

 

The judgment was delivered on Friday by Hon Justice M.B. Idris following a Freedom of Information suit no: FHC/IKJ/CS/248/2011 brought by Socio-Economic Rights and Accountability Project (SERAP).

 

The details ordered by the court to be disclosed include: information on the total amount of recovered stolen public assets by each government; the amount of recovered stolen public assets spent by each government as well as the objects of such spending and the projects on which such funds were spent. Justice Idris dismissed all the objections raised by the Federal Government and upheld SERAP’s arguments.

 

Details later.

 

Credit : Vanguard

Court Orders Release Of Jonathan’s ADC

A Federal High Court in Abuja says the detention of former President Goodluck Jonathan’s ADC by the EFCC without trial is unlawful and that he should be released immediately.

According to Trial Judge, Yusuf Halilu, the EFCC is a statutory government agency set up to save the country from corrupt practices and not to serve as a holding prison for the Nigerian Army under which Colonel Adegbe is still serving.

Justice Halilu ordered the EFCC to release him immediately until it is ready to arraign him before a competent court of jurisdiction.

Justice Halilu, however, struck out two other reliefs sought by Colonel Adegbe asking the EFCC to apologize and pay him 100 million Naira in damages on the grounds that Colonel Adegbe is a serving officer in the Nigerian Army.

Counsel to the former ADC, Mr Ogwu Onoja, had approached the Federal High Court to enforce the fundamental human rights of his client whom he said was still in detention with the Economic and Financial Crimes Commission (EFCC) since his arrest two weeks earlier.

Credit: ChannelsTv

Arms Scam: Court To Rule On Metuh’s No-Case-Submission On March 9

he Federal High Court, Abuja, on Thursday reserved ruling till March 9 on a no-case-submission filed by Olisa Metuh, the National Publicity Secretary of the Peoples Democratic Party (PDP).

Mr. Metuh filed a no-case-submission in the alleged Money Laundering charges brought by the Economic and Financial Crimes Commission (EFCC).

The judge, Okon Abang, reserved the date after counsel to the parties adopted their written addresses.

Mr. Abang said that the court’s mandate to either give ruling or deliver judgment on the motion would depend on the merit of the submissions.

“In the circumstance, the court can only rule if the motion fails and if the motion succeeds the court can only deliver judgment,’’ He said.

He said if the motion failed, the defendants would open their cases. Defendants would be acquitted if the case succeeded, however, he advised.

He adjourned till March 9.

Credit: PremiumTimes

Court Suspends Okah’s Trial

A Federal High Court, Abuja, on Monday suspended the trial of alleged mastermind of Abuja 2010 Independent Day bombing, Charles Okah, pending his recovery from surgery in the National Hospital.

 

“In view of the absence of the accused who had undergone a medical surgery in the National Hospital, Abuja, the trial shall be suspended till March 10 at 11:30 a.m,’’ Justice Gabriel Kolawole, ruled.

 

Kolawole said that the suspension would help him to recover and attend his trial.

 

He, however, ordered that Obi Nwabueze, standing trial alongside Okah be remanded in kuje prison and produced at the next adjourned date.

 

At the last sitting, the court ordered the Nigeria Prison Service to provide tight security at hospital during the period Okah was expected to undergo surgery.

 

The court had ordered that after the surgery, Okah would be produced in court on the next adjourned date to face his trial.

 

(NAN)

NCC vs MTN: Court Fixes March 3 For Ruling

A Federal High Court, Abuja has fixed March 3 to decide whether or not it will try MTN Nigeria and its Chief Executive Officer (CEO), Ferdi Moolman, for alleged copyright infringement.
Justice Nnamdi Dimgba fixed the date at the Thursday hearing in a charge filed against MTN and Moolman over alleged infringement on copies of the musical works of an Abuja based musician, Dovie Omenuwoma-Eniwo (a.k.a. Baba 2010).
The News Agency of Nigeria (NAN) recalls that the Nigerian Copyright Commission (NCC), last year, filed the two-count-charge against MTN and Moolman, sequel to a petition filed by Baba 2010.
However, following a report of settlement between MTN and Baba 2010 over the infringement, their lawyers Mena Ajakpoui and Rockson Igelige had respectively asked for the withdrawal of the charge by NCC.
Lawyer to NCC and the commission’s Director of Prosecution, Mr Abdul-Ter Kohol, however said that the crime had been committed and the restitution provided by the alleged offenders (MTN and Moolman) was not a barrier to their prosecution.
The court therefore adjourned to decide whether or not the compensation paid to Baba 2010 by the accused persons over the alleged infringement was adequate to stop NCC from prosecuting MTN and Moolman.
NAN reports that at the hearing of the case, Igelige moved an application seeking the court order permitting his client (Baba 2010) to withdraw his complaint against the accused persons (MTN and Moolman).
He contended that he filed a civil suit against MTN in another Federal High Court upon which his client amicably and satisfactorily settled with MTN.
He said the NCC did not inform his client before going ahead to file the criminal charge against MTN and its CEO.
Igelige also argued that he did not make any complaint against Moolman, the second accused person in the petition written to NCC.
He argued that with the combined reading of sections 17, 355 (1) and 494 (1) of the Administration of Criminal Justice Act, his client has the right to withdraw his complaint which would in turn terminate the trial.
Kohol opposed the application contending that “it is misconceived, frivolous and not known to law’’.
He said besides the fact that the applicant did not seek the leave of court before filing the application the statutory parties to criminal trial are the prosecution (NCC) and the accused (MTN Moolman).
The lawyer argued that the applicant, like any other informant of a prosecuting agency, could not withdraw a criminal charge he did not file in court.
Kohol said that section 24 of the NCC establishment Act permits for both criminal and civil actions to be filed and heard simultaneously in copyright infringement cases.
He therefore urged the court to hold that MTN and Moolman had already committed the crime and the restitution made to Baba 2010 cannot assuage their prosecution.

 

 

(NAN)

We Are Still Looking For Tompolo, IG Of Police Says

Inspector-General of Police, Solomon Arase, says the Nigeria Police Force is still searching for former Niger Delta Militant Leader, Government Ekpemupolo aka Tompolo who has been declared wanted by the EFCC over a N45.9b fraud in the Nigerian Maritime Administration and Safety Agency (NIMASA).

Speaking to newsmen in Abuja yesterday February 17th, Arase said the Police commissioners in Delta, Rivers, Edo and others have been issued the warrant for his arrest

“We are still looking for Tompolo. The commissioners of police in Delta, Rivers and all those areas have been given the warrant for the arrest so that they could carry out the arrest. The EFCC has declared him wanted and you know the court has issued a warrant of arrest. So, it is the duty

Federal High Court Throws Out Stella Oduah’s Case To Stop Bulletproof Cars Probe

A Federal High Court in Lagos has dismissed a fundamental rights enforcement suit filed by a former Minister of Aviation, Stella Oduah, against the Attorney General of the Federation and three others.

Justice Okon Abang, who dismissed Oduah’s suit for want of jurisdiction today, ordered her to pay a cost of N15,000 to the AGF.

Oduah had filed the suit in August last year praying the court to restrain agencies of the Federal Government from questioning or prosecuting her over the purchase of two armoured BMW vehicles at a cost of N255m by the Nigerian Civil Aviation Authority under her watch as the Aviation Minister in 2013.

In her suit, Oduah claimed to have already been probed and exonerated by the House of Representatives Committee on Aviation and the Economic and Financial Crimes Commission and urged Justice Abang to declare that any further probe would amount to violating her fundamental rights.

The respondents in the suit were the AGF, the EFCC, the Independent Corrupt Practices and other related offences Commission and the Inspector General of Police.

Oduah alleged that the ruling All Progressives Congress intended to use the respondents to persecute her, being a prominent member of the opposition Peoples Democratic Party.

She claimed that the Federal Government had perfected plans to try prominent members of the PDP on trump up charges in a special Lagos State High Court, so as to turn the country into a one-party state.

She begged the court to restrain the respondents from unleashing repression against her.

But the EFCC denied doing the bidding of the APC, claiming that it was independent.

It furnished the court with a petition dated October 18, 2013 written by a lawyer from the chambers of Mr. Femi Falana (SAN), calling for Oduah’s investigation.

The EFCC disclosed that the said petition was captioned, ‘Request for Investigation of Economic and Financial Crimes of the sum of N255m by Aviation Minister, Ms. Stella Oduah’.

The EFCC urged the court to dismiss Oduah’s suit.

But in his judgment, Justice Abang dismissed the EFCC’s objection for not complying with Order 8 Rule 1 of the Fundamental Rights Enforcement Procedure.

“The EFCC did not file any opposition in line with the law,” Justice Abang held.

The judge, however, upheld the preliminary objection filed by the AGF, who challenged the jurisdiction of the Federal High Court in Lagos to entertain Oduah’s suit.

Counsel for the AGF, T.A. Gazali, had contended that since the rights violation that Oduah alleged did not happen in Lagos, it would be a violation of Section 46(1) of the constitution and Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure to entertain the case in Lagos.

“From the whole of the applicant’s averments, there is nowhere she mentioned that her right was or is being breached by the respondents within the territorial space called Lagos.

“There is nothing to show that the applicant was invited, arrested or detained in Lagos by any of the respondents in the suit.

“The Federal High Court sitting in Lagos cannot assume jurisdiction to entertain alleged breach of fundamental rights that did not take place in Lagos State,” Gazali had argued.

Justice Abang upheld Gazali’s argument and dismissed Oduah’s case.

The judge also held that if the Federal Government had any valid reason to arraign Oduah in a Lagos State High Court as she alleged, it would not amount a violation of her right.

Meanwhile, in another judgment, Justice Abang also refused a prayer to stop the EFCC and the Department of State Services from arresting and probing a former Special Adviser to ex-President Goodluck Jonathan on Niger Delta Affairs and the Chairman of the Presidential Amnesty Programme, Kingsley Kuku.

The judge dismissed Kuku’s suit for lacking in merit, but restrained the respondents from detaining him beyond 48 in contravention of Section 35(4)(5) of the Constitution.

Source – punchnews.ng

Court Freezes Neymar’s $50m Assets

Brazilian authorities have blocked assets of Barcelona star Neymar, including a yacht, a jet and several properties worth almost $50 million. A Sao Paulo federal court rejected an appeal from the Brazilian striker last week and started issuing warrants to freeze the assets worth 192 million reals (almost $50 million), Brazilian media reported on Monday.

Last year, Neymar, his family and related businesses were found guilty of evading 63 million reals in taxes (almost $16ay. million) between 2011 and 2013 when he was playing for Brazilian club Santos. He has denied any wrongdoing. The 23-year-old Neymar used the jet to travel to Brazil for World Cup qualifying matches and holidays.

Iagaro Jung Martins, an auditor with Brazil’s federal tax agency, told The Associated Press that Neymar isn’t likely to go to jail if he pays what regulators say he owes. “He can still appeal that decision, but it is a step forward,” Martins told the AP. “Nothing changed to what was in place last year: if he pays what he owes, the case is closed. Our legislation isn’t too harsh.” The assets seizure is the latest in a streak of bad news for the Brazilian star off the pitch.

Credit: vanguardngr

Dasuki Files Fresh Application To Quash Alleged Criminal Charges

The Former National Security Adviser (NSA), retired Col. Sambo Dasuki, on Tuesday filed fresh application before Justice Adeniyi Ademola of Federal High Court, Abuja, to stop the alleged $2.1billion criminal proceedings against him.

 

Dasuki was arraigned by the Federal Government on a seven-count charge bordering on criminal breach of trust, possession of illegal firearms and money laundering. Dasuki pleaded not guilty to the charges.

 

At the resumed hearing, Counsel to Dasuki, Mr Joseph Daudu (SAN), informed the court that he file fresh application to quash the charges. But, Counsel to Federal Government, Mr Dipo Okpeseyi (SAN), told the court that the case was slated for trial and the prosecution was ready.

 

Okpeseyi also drew the judge’s attention to the fact that Dasuki’s detention by the DSS had nothing to do with the current charges before the court. He urged the court to continue with the trail in line with the provisions of the relevant sections of the Administration of Criminal Justice Act 2015.

 

The prosecution argued that Dasuki’s trial attracted both national and international attention. But, Daudu opposed the application, arguing that his client was not ready for trial following Dasuki’s prolonged detention by operatives of the Department of State Services (DSS). Daudu submitted that the defendant was empowered by law to be given adequate time and facility to prepare for his defence. “The conduct of the prosecution in this matter has made us not to enjoy any of these constitutional rights. “And the worst is that for about seven weeks now, we don’t have access to our client except when he is produced in court. “This attitude constitutes serious attack on the rule of law,’’ he said.

 

Daudu urged the court to adjourn the suit to enable him reply to the counter-affidavit filed by prosecution. In a short ruling, the judge ordered the defence to file their reply on the prosecution’s application for secret trail and the defence counter-affidavit within seven days.

 

 

Credit : Vanguard

Court Rejects Seriki’s Move To Stop Olubadan’s Installation

The move of Seriki line of Ibadan to stop the installation of High Chief Saliu Adetunji as the next Olubadan of Ibadan land suffered a setback on Tuesday when an Oyo State High Court said it would not grant the wish.

 

Seriki senior Chief Adebayo Oyediji is laying claim to the stool left vacant by the late Olubadan, Oba Samuel Odulana Odugade, who died on January 19, 2016, despite the pronouncement by the Olubadan-in-Council that Adetunji, who is the Balogun Olubadan is next in rank to be crowned the next Olubadan.

 

Oyediji and other Seriki chiefs, had through their counsel, Abideen Adeniran, approached Justice Mukhtar Abimbola of the state High Court to restrain the Olubadan-in-Council from installing th?e Olubadan-designate, Adetunji, as the next Olubadan pending the determination of the applications filed before the court.

 

Adeniran said the applications were filed before the court because his clients were aware that the defendants had, “Perfected the plan of tampering with the Res in this case, illegally. The Res is the Olubadan of Ibadan chieftaincy stool, which is now vacant.”

Ruling on the applications, Chief Judge of Oyo State, Justice Abimbola said he would not grant the interim order application.

 

He said, “I want all other parties to be put on notice so as to be able to respond appropriately, consolidate the applications for the case to move on. Aside this, even if the vacant stool is filled illegally, the court can remove ?the occupier. The Res is not a perishable commodity. So, I hereby refuse the application for interim order. I will not grant any interlocutory injunction since there is an intervening application.”

 

 

Credit : Punch

I’m Not Ready For Trial – Dasuki

Former National Security Adviser, Sambo Dasuki, today told a Federal High Court in Abuja that he was not ready for his trial to be continued. Speaking at the hearing of the money laundering charges filed against him by the Department of State Security DSS today February 16th, speaking through his Counsel, Joseph Dauda, Dasuki said he will not be available for the trial until the Federal government obey the court orders that granted him bail last year.

Dasuki was re-arrested by the DSS on fresh charges of money laundering and illegal possession of firearms after he had fulfilled bail conditions for separate charges filed against him by EFCC.

Counsel to Dasuki, Joseph Dauda, while presenting his argument to the judge, said “We cannot be ready for trial until the defendant enjoys his constitutional rights.

We apply that we should be given time to prepare the defence. The conduct of the prosecution has not enabled him to enjoy his constitutional rights. The worst is that for about seven weeks we do not know where he is. Any of us here who proceeds to defend an accused person in this circumstance may lose his license of practice.”he said

The judge adjourned the hearing to March 3rd.

23-Year-Old Bags 6 Months Jail Time For Stealing Blackberry Bold 6 Phone

A 23-year-old, Azeez Ibrahim, was on Wednesday sentenced to six months imprisonment for pleading guilty to stealing a Blackberry Bold 6 phone valued at N25, 000.

The Magistrate, Mrs O. Sule-Amzat, who handed down the verdict, warned the convict to turn a new leaf while serving his term in prison.

 
Earlier, the prosecutor, Sgt Ihiehie Lucky told the court that the accused of No 13, Buhari St., Ikorodu, had on Feb. 3 at about 4.30 p.m. at Abiola Gardens in Alausa, lkeja, committed the offence.

 
He said the complainant, Ekpe Ifeoma, reported at the Ojota Police Station that the accused had snatched her handbag containing her blackberry phone valued at N25, 000.

He said the police called the complainants’ phone and tracked down the accused with the phone at Mile 12.

The offence contravened Section 285 of the Criminal Law of Lagos State, 2011.

 

(NAN)

Court Rejects Kanu’s Request For His Seized Passports, Money

A Federal High Court in Abuja on Tuesday dismissed an application by leader of the Indigenous People of Biafra and founder of Radio Biaf?ra, Nnamdi Kanu, for the release of certain items, including his British and Nigeria passports, which are in the custody of the Department of State Service.

Justice James Tsoho dismissed the application made orally by Kanu’s lawyer, Mr. Chuks Muouma (SAN), who had sought the release of the items because they would not be needed by the prosecution since they were not listed as part of exhibits to be tendered.

Apart from the passports, other items which Muouma sought to be released to the IPOB leader who is currently in detention at Kuje prison along with his two co-accuse, are cash sums of $2,200 and N87,000.

Justice Tsoho, in dismissing the application for lacking in merit, insisted that the fact that the items were not listed as possible exhibits did not foreclose the possibility of their being later used by the prosecution as exhibits.

?He then adjourned the case till February 19 for the hearing of an application by the prosecution for protection of its witnesses.

Credit: Punch

Court Refuses To Stop Dasuki’s Trial, Orders Continuation

Justice Hussein Baba-Yusuf of the Federal capital Territory (FCT) high court, Abuja, has struck out the application of Sambo Dasuki, former national security adviser (NSA), to stop his trial.

Dasuki had sought three prayers from the court, ultimately to stop his trial. He predicated his prayers on seven grounds implicit in the violation of his rights to bail by the federal government.

However, Justice Baba-Yusuf held that the central issue to be considered was whether or not the federal government was in contempt of court for failing to release the accused person after he was granted bail. He ruled that the federal government was not in contempt of court because it was a stranger agent, the DSS, that was holding him, and not the EFCC, which is the main prosecution in the case.

He thereafter struck out Dasuki’s application for lacking in merit.

The court had fixed Monday to rule on whether to discharge or to continue the trial of Dasuki for money laundering charges brought against him by the federal government. Justice Baba-Yusuf fixed the date after counsel to Dasuki, Joseph Daodu (SAN), and counsel to the federal government, Rotimi Jacobs (SAN), had addressed the court on a motion praying the release of the former NSA.

In the motion, Daodu asked the court to stop the federal government from prosecuting him until he was released.

He argued that the federal government could not lawfully prosecute Dasuki because it had been in contempt of the court. He premised his arguments on the fact that Justice Baba-Yusuf had granted Dasuki bail on December 18, and after perfecting the bail conditions, he was rearrested, and taken into custody by the Department of the State Services (DSS).

He claimed that since Dasuki was rearrested on December 29, 2015, he had been kept away from his lawyers and family.

The counsel therefore urged the court to compel the federal government to release the former NSA. He also argued that the government and its agencies had no moral and legal right to prosecute Dasuki since they disobeyed the orders of three high courts, admitting him to bail.

However, in his brief, counsel to the federal government, Jacobs, told the Judge that the motion was an abuse of court process because there was no evidence to show that the accused person was rearrested by the Economic and Financial Crimes Commission (EFCC).

He said that it was the DSS, and not the EFCC (the prosecution) that rearrested Dasuki. He advised Dasuki to evoke section 46 of the constitution and institute a civil action to challenge his arrest and enforce his fundamental right to liberty.

– TheCable

Court Fixes Feb 18 For TB Joshua, Engineers’ Arraignment

A Lagos State High Court in Ikeja on Monday fixed February 18, 2016 for the arraignment of the Registered Trustees of the Synagogue Church of All Nations, founded by Prophet T.B. Joshua.

 

The defendants were charged before Justice Lateef Lawal-Akapo on one count of building without the approval of the Lagos State Government.

 

The said building collapsed on September 12, 2014 leading to the death of 116 persons.

 

Also to be arraigned on 110 counts of involuntary manslaughter are the two engineers who built the collapsed building, Messrs Oladele Ogundeji and Akinbela Fatiregun.

 

Justice Lawal-Akapo fixed the arraignment date on Monday after he dismissed an application by the engineers challenging the manner by which the charge sheet was served on them.

 

The engineers had also described the charge filed against them by Lagos State Government as an abuse of court processes, saying Justice Ibrahim Buba of Federal High Court in Lagos had on December 2,2016 restrained the state Attorney General from prosecuting them pending an appeal they filed at the Court of Appeal.

But in his ruling on Monday, Justice Lawal-Akapo dismissed the application for lacking in merit.

The judge affirmed the argument of the Lagos State, through its Director Public Prosecutions, Mrs. Idowu Alakija that the engineers were properly served with the charge sheet by substituted means.

Justice Lawal-Akapo discountenanced the order granted the engineers on December 2, 2015 by Justice Buba, restraining the Lagos State Attorney General prosecuting pending their appeal.

 

Justice Lawal-Akapo said both the Lagos State and the Federal High Courts were courts of coordinate jurisdiction, stressing that Justice Buba’s order could not stop the proceedings before him.

He held, “The order of a high court cannot be binding on another high court, be it federal or state because they are both courts of coordinate jurisdictions.

“The order of Buba J. cannot bind this court and cannot stop these proceedings.

“I find no merit in the two applications and they hereby dismissed.”

 

The engineers and the Registered Trustees of SCOAN had on July 8, 2015 been implicated over the collapsed six-story building by a Lagos State Coroner Court, presided by Mr. Oyetade Komolafe.

 

As opposed to the defendants’ argument that the building was sabotaged, Komolafe, had linked the collapse to structural failure.

 

He had therefore recommended that the church be investigated and prosecuted for building without the state’s approval.

 

He also recommended that the engineers be investigated and prosecuted for criminal negligence for the death of the 116 persons who perished in the collapsed building.

 

The state in its argument, however, said it is not prosecuting the church and the engineers based on the coroner’s verdict but the investigation carried out by the police.

 

Credit: Punch

N29bn Fraud: Court Admits Exhibits Against Nyako, Others

The trial of the former governor of Adamawa State, Murtala Nyako, his son, Senator Abdul-Aziz Nyako, Abubakar Aliyu and Zulkifikk Abba, who are being prosecuted by the Economic and Financial Crimes Commission, EFCC, on a 37-count charge bordering on criminal conspiracy, stealing, abuse of office and money laundering to the tune of N29 billion continued yesterday.

They are alleged to have at various times between 2011 and 2013, 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.

Their trial before Justice E. Chukwu of the Federal High Court, Abuja, had commenced on January 29, 2016 with the EFCC presenting its first witness, Mahmud Wambai, a staff of Zenith Bank in court.

At the resumed hearing, the EFCC presented three more witnesses – Yawale Auwalu, Philip Olukayode, both staff of Ecobank Nigeria Plc and Caroline Osaha, a staff of First Bank Nigeria Plc.

Auwalu, the 2nd prosecution witness and an account officer, being led in evidence by Adebisi Adeniyi, counsel to the EFCC, told the court that in August 2014 the agency requested bank documents relating to Amdak Investments Limited and Amdak Road Construction Limited.

“We furnished the EFCC with the certificate of identification, copies of account opening documents and the statement of accounts as requested by the commission,” he said.

Credit: Leadership