Exciting court battles of 2020

Like the outgoing year, 2020 promises to be an exciting one for Nigerians given the deluge of court cases, especially those involving politically-exposed persons. ADEBISI ONANUGA, ERIC IKHAILE and ROBERT EGBE review some of the cases.

 

If you thought you had seen it all in recent years, especially with the fraud conviction of former governors – the latest being Senator Orji Uzor Kalu’s December 5 ,12-year jail time – then you ain’t seen nothing yet.

2020 promises to be even more exciting. It is probably the year Nigerians will see the end of the long-drawn out criminal case between the Federal Government and a former National Publicity Secretary of the Peoples’ Democratic Party (PDP), Dr. Olisa Metuh.

Nigerians will also be keen to know how, following a court order, pension collected by former governors now serving as ministers and members of the National Assembly will be recovered.

Remember that lawyer accused of stabbing her husband to death and chopping off his manhood? Or the Dane alleged to have smothered his musician wife and their three-and-a-half-year-old daughter to death? These cases and more will probably be resolved in the courts next year.

Here are more of the high-profile cases for 2020.

 

Atiku v. Onochie

Although former Vice President Atiku Abubakar lost his challenge of President Muhammadu Buhari’s second term victory, the candidate of the Peoples Democratic Party (PDP) in the last presidential election will return to court next year in another round of litigation.

This time, he will be pursuing the defamation suit he brought against an aide to President Muhammadu Buhari, Mrs. Lauretta Onochie. In the suit before the High Court of the Federal Capital Territory (FCT), Atiku alleged that Onochie made some unfounded claims against him in a social media publication, and he is claiming about N2.5 billion in damages.

Atiku claimed that Onochie, on May 7, 2019 alleged in a tweet that, “Atiku on UAE watchlist – security sources. Security operatives in the United Arab Emirates are keeping a close tab on a former Nigerian Vice President, Atiku Abubakar, who has been in the Middle East nation for several weeks now. What is he doing there? Me: shopping for terrorists?”

The ex-Vice President denied the allegation, insisting that there was no iota of truth in the said publication, which he claimed has begun to affect public perception of his person; that since the publication was made, it has caused him national and international backlash and embarrassment as well as incalculable damages.

Earlier this month, Atiku was at the Registry of the court to personally sign some documents before the Commissioner of Oath in support of the suit, which has now been slated for hearing in the new year.

 

Naira Marley

The trial of the embattled musicians Azeez Fashola A.kA Naira Marley will continue on February 27.

Naira Marley popular for his “Am I a Yahoo Boy” and “Soapy” tracks, is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on an 11-count charge of conspiracy, possession of counterfeit cards and fraud.

He was arraigned on May 20, 2019 and pleaded not guilty to all 11 counts.

According to the charge, the defendant committed the offences on different dates, November 26, 2018, December 11, 2018, and May 10.

Naira Marley and his accomplices allegedly conspired to use different Access Bank ATM Cards to defraud their victims.

They allegedly used Access Card number 5264711020433662 issued to other persons, in a bid to obtain fraudulent financial gains.

Naira Marley was said to have possessed the counterfeit credit cards, belonging to different cardholders, with intent to defraud, and which also constituted theft.

The offences contravene the provisions of Section 1 23 (1) (b), 27 (1}, 33, 33(9) Cyber Crime (Prohibition) Prevention Act, 2015.

 

FRN v. Mohammed Adoke and others

Although he is currently being held by the International Police Organisation (INTERPOL) in Dubai, the United Arab Emirate (UAE), a former Minister of Justice and Attorney General of the Federation (AGF), Mohammed Adoke (SAN), has a criminal charge pending against him and some others before Justice Danladi Senchi of the High Court of the Federal Capital Territory (FCT), Abuja.

The charge marked: FCT/HC/CR/124/17, filed by the EFCC, has about 10 defendants, including Shell Nigeria Exploration Production Company Limited, Nigeria Agip Exploration Limited and some of their principal officers

The defendants are accused of complicity in about $1.2 billion fraud in relation to the Oil Prospecting Licence 245; forgery of bank documents, bribery and corruption.

The alleged $1.2 billion scam involved the transfer of the OPL 245 purportedly from Malabu Oil and Gas Limited to Shell Nigeria Exploration Production Co. Limited and Nigeria Agip Exploration Limited.

Adoke is challenging his inclusion in the charge and has filed an application to that effect through his lawyer, Mike Ozekhome (SAN). The court is scheduled to make a decision on the new application next year.

 

FRN v. Diezani Alison Madueke

On December 12, this year, Justice Nathan Musa of the Adamawa State High Court, Yola ordered the Inspector-General of Police, Muhammed Adamu, to liaise with the International Police Organisation (INTERPOL) to arrest a former Minister of Petroleum Resources, Diezani Alison-Madueke.

Diezani is among three defendants charged before the court by the EFCC on a three-count charge of allegedly deploying over N362 million derived from a $115m slush fund to influence the outcome of the 2015 presidential elections in favour of the candidate of the then ruling Peoples Democratic Party (PDP).

The other defendants are Ibrahim Mohammed, the electoral officer in charge of Yola South Local Government Area of Adamawa State and Sahabo Iya-Hamman, a retired INEC staff and Adamawa State coordinator of West African Network of Election Observers (WANEO), during the 2015 presidential election.

The court, in a judgment on December 12, 2019 convicted the two and ordered the arrest of Diezani who is said to be at large.

Also, a Federal High Court in Abuja has fixed March 10, 2020 for Diezani’s arraignment in relation to another charge pending against her.

 

Sowore

Aside probably spending Christmas in jail, journalist Omoyele Sowore is certain to make more headlines in 2020. The former presidential candidate and founder of the news site Sahara Reporters was first detained in August after he called for revolution.

Despite being granted bail in October, authorities have continued to hold him, sparking an outcry from his supporters.

His co-defendant Olawale Bakare is also in the custody of State Security Services.

 

FRN v. Raymond Dokpesi and DAAR Investment

Politician and media owner Raymond Dokpesi is expected to return to the Federal High Court in Abuja on January 21, to open his defence in the criminal case pending against him and a firm, Daar Investment and Holding Company Limited.

They are being tried on a seven-count charge, in which they are accused of receiving N2.1 billion payments from the Office of the National Security Adviser (NSA). Col. Sambo Dasuki, in 2015 without a valid contract.

The prosecuting agency, the EFCC, through its lawyer, Rotimi Jacobs (SAN), has closed its case, leaving the defence to make its case.

Dokpesi had, at the conclusion of the prosection’s case, made a no-case sbmission, which the court rejected in a ruling in November 2018 and ordered him to enter his defence.

Since then, Dokpesi has been unable to begin his defence, claiming among others that one of his lawyers, Kanu Agabi, was engaged in election cases.

Justice John Tsoho adjourned until January 21, 2020 for defence to commence.

 

FRN v. Gabriel Suswam

Further proceedings have been shifted to the new year in the criminal case pending against former |Governor of Benue State Gabriel Suswam and his ex-Commissioner of Finance, Omodachi Okolobia.

The EFCC is prosecuting Suswam, now a serving senator, and Okolobia on nine-counts bordering on money laundering and diversion of funds to the tune of N3.1 billion

Judgment in ex-PDP spokesman Olisa Metuh’s trial

A Federal High Court in Abuja has scheduled February 25, for judgment in the criminal case involving former National Publicity Secretary of the Peoples’ Democratic Party (PDP) Olisa Metuh.

Metuh is standing trial on money laundering-related charges along with his company. Dextra Investment Limited, with which he was accused of making transaction of about two million pounds without going through any financial institutions.

At the closure of the defence’s case on November 26, Justice Okon Abang reserved judgment till February 25, 2020.

Meanwhile, in respect of his trial before the High Court of the Federal Capital Territory (FCT), Maitama, Abuja on charges of destruction of evidence, Justice Ishaq Bello has fixed January 27, for Metuh to commence his defence.

Justice Bello had, in a ruling on November 14, 2019, dismissed the no-case submission made by Metuh upon the closure of the prosecution’s case.

 

Pending cases around the controversial P&ID gas supply contract and $9.6b judgment

Two criminal cases are currently pending before the Federal High Court in Abuja and the High Court of the Federal Capital Territory (FCT) involving individuals accused of complicity in the controversial gas supply contract awarded to now liquidated Process and Industrial Development (P&ID) Limited and its affiliate in Nigeria.

The Federal Government, through the EFCC arraigned two directors of P&ID – James Nolan and Adam Quinn (at large)- and their firms – Goidel Resources Limited and ICIL Limited – on a 16-count money laundering charge before the Federal High Court, Abuja.

Trial is ongoing in this case now before Justice Okon Abang, with the court rejecting on December 9 this year, Nolan application for an order varying the conditions attached to the bail grated him.

Nolan, currently being held in Kuje prison, Abuja, has been unable to perfect the bail granted him.

Also, a retired Director in charge of Legal Services with the Ministry of Petroleum Resources (the agency that entered the gas supply contract with P&ID on behalf of the Nigerian government), Mrs. Grace Taiga is also currently being tried before the High Court of the Federal Capital Territory (FCT) in Apo, Abuja for allegedly receiving gratification in relation to her alleged roles in the award of the contract.

Trial has commenced, with the prosecution currently conducting its case before Justice Olukayode Adeniyi, who has fixed further hearing for January 31, 2020.

 

Trial of Justice Mohammed Yunusa

One of the cases that made headlines in the year 2019 and will still attract attention in 2020 is the trial of a Federal High Court judge, Mohammed Yunusa, charged with corruption.

The EFCC had arraigned Yunusa, a judge of Lagos Division of Federal High Court, alongside Esther Agbo, a staff member of the law chambers of Mr Rickey Tarfa (SAN), on January 17, 2018.

Yunusa was charged on four counts of attempted perversion of the course of justice and corruption by a public official, while Agbo was charged with offering gratification to a public official.

They, however, denied the charges.

 

Trial of Ondo PDP Chiefs for alleged N500m fraud

Two leaders of the Peoples Democratic Party (PDP), Mr. Clement Faboyede and Modupe Adetokunbo, are standing trial over alleged N500 million fraud before Justice Saliu Saidu, at the Federal High Court, Lagos.

Adetokunbo, coordinator of Ondo State, President Goodluck Jonathan Campaign Organisation in 2015, and the state Chairman of the party, Faboyede, are being tried before Justice Saidu on a three-count charge bordering on conspiracy and money laundering.

They were first arraigned before the court in June 2018 by the EFCC.

The defendants pleaded not guilty.

Further hearing in the matter has been adjourned till February 19.

 

Recovery of pensions collected by former governors, others

Nigerians will be looking forward to the new year to see how the federal government will recover pension collectec by former governors now serving as ministers and members of the National Assembly.

They include former Senate President, Bukola Saraki, former Akwa Ibom state governor, Chief Godswill Akpabio

A Federal High Court sitting in Lagos had ordered the federal government to recover pensions collected by former governors in a suit filed by the Socio Economic Rights and Accointabilty Project (SERAP)

Justice Oluremi Oguntayo who delivered the judgement had also ordered the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) to challenge the legality of states’ pension laws permitting former governors and other ex-public officials to collect such pensions.

The judgment by Justice Oguntoyinbo followed an application for an order of mandamus in suit number FHC/L/CS/1497/2017 brought by the Socio-Economic Rights and Accountability Project (SERAP) against federal government and the Attorney General of the federation.

The judgment is coming on the heels of the invalidated pension law for former governors and other ex-public officers in Zamfara State, which provided for the upkeep of ex-governors to the tune of N700 million annually.

Justice Oguntoyinbo adjourned the suit to February 3, 2020 for hearing on report of compliance with the court orders/judgment by the Federal Government.

 

Ambode vs Lagos State House of Assembly

The suit filed by former Governor Akinwunmi Ambode of Lagos State challenging the decision of the State assembly to probe  will be at the fore in the new year.

Ambode, in the suit before Justice Yetunde Adesanya of an Ikeja High Court, is seeking  to stop the probe of his administration over procurement of the 820 buses for public transportation under the Bus Rapid Initiative (BRI).

But the lawmakers, aside from challenging court’s jurisdiction to hear Ambode’s suit in their application, they are also asking the court to discharge them of the injunction by Ambode seeking to restrain them from probing him.

They asked the court to strike out the suit,

Justice Adesanya adjourned the suit until January 16, 2020 for hearing of all pending applications.

Read Also: Defections, court battles as parties intensify campaigns

 

Female lawyer accused of killing lawyer husband

The case of a a female lawyer, Udeme Otike-Odibi accused of killing her lawyer husband, Symphorosa Otike-Odibi, will also continue to make headlines.

Otike-Odibi was arraigned on June 13, 2018, on a two-count charge of murder and misconduct with regard to a corpse.

The Lagos State Government accused her of stabbing Symphorosa Otike-Odibi to death and mutilating his corpse by severing his manhood on May 3, 2018, at their Diamond Estate, Sangotedo, Lekki, Lagos home.

She pleaded not guilty.

The case resumes January 15.

 

Alleged kidnap kingpin Chukwudumeme Onwuamadike, alias Evans

The trial of suspected billionaire kidnapper Chukwudumeme Onwuamadike, alias Evans, will also find prominence on the pages of newspapers in the new year.

Evans is standing trial in three cases  at the Ikeja High Court before Justices Hakeem Oshodi and Toyin Taiwo.

The first case resumes January 10, the second January 6, the third January 9 for continuation of trial.

 

Trial of Dane accused of killing wife, daughter

A Dane, Peter Nielsen, is accused of killing his wife, Zainab, and daughter, Petra, before an Igbosere High Court, Lagos.

Nielsen, 54, is standing trial for the April 5, 2018 death of his Nigerian singer wife, Zainab and their three-and-a-half-year-old daughter, Petra.

He was arraigned on June 13, 2018 on two counts of murder contrary to Section 223 of the Criminal Law of Lagos State, 2015.

 

Fayose

The Federal High Court in Lagos on December 6, again authorised a former governor of Ekiti State, Ayodele Fayose, to travel abroad for medical treatment.

Justice C.J. Aneke granted Fayose permission to attend to his health abroad following an application by his counsel, Olalekan Ojo (SAN).

He also permitted Fayose to go abroad last July.

Fayose is being prosecuted by the Economic and Financial Crimes Commission for an alleged N2.2bn fraud.

The prosecuting counsel for the EFCC, Rotimi Jacobs (SAN), did not oppose this latest request.

After granting the travel permission, Justice Aneke adjourned till January 16, 2020 for continuation of trial.

Fayose is being prosecuted alongside a firm, Spotless Limited.

The defendants pleaded not guilty.

 

Ifeanyi Ubah

A Federal High Court in Lagos adjourned till February 13, 2020 the planned arraignment of the Chairman of Capital Oil and Gas Limited, Senator Ifeanyi Patrick Ubah, following his absence in court.

First defendant Ubah and Second defendant Captital Oil are facing an alleged N135bn fraud charge filed against them by the Federal Government.

The government’s counsel, Mr Kunle Adegoke, informed Justice Nicolas Oweibo of a pending four counts charge pressed against the defendants and prayed the court to accept same for the purposes of plea.

But Ubah’s counsel, Dr Olisa Agbakoba SAN, opposed the prayer.

Agbakoba said Ubah had not been served with the charge.

He also told the court that a mediation move is ongoing to resolve the case out court “since it is all about money.”

On his part, Counsel to the 2nd defendant, Ajibola Oluyede, confirmed that his client had been served.

”That is why we have filed a notice of preliminary objection challenging the  competence of this charge,” Oluyede said.

Responding, Adegoke warned that if the defendant was trying to avoid arraignment, the government would not hesitate to ask for an arrest warrant to compel him to court.

In a bench ruling, Justice Oweibo said that in as much that the prosecution failed to produce the defendant in court, “this case stands adjourned” till February 13, 2020.

 

Mompha

A Federal High Court in Ikoyi has adjourned till January 8, 2020 the trial of suspected internet fraudster Ismaila Mustapha, alias Mompha.

Mompha is accused of retaining an aggregate of N32.9bn in the bank account of his alleged firm, Ismalob Global Investment Ltd, between 2015 and 2018.

The defendant was arraigned by the Economic and Financial Crimes Commission (EFCC) on Monday, alongside Ismalob Global Investment,

The internet celebrity is facing 14 counts of alleged fraud, money laundering and running a foreign exchange business without the authorisation of the Central Bank of Nigeria (CBN).

In the charge, the EFCC alleged that Mompha laundered the funds in tranches of N18,059,353,413 billion and N14,946,773,393.00 billion.

The commission further alleged that the defendant, not being a financial institution, or an authorised foreign exchange dealer, negotiated a foreign exchange transaction in the sums of N9.416million, N20 million, N10,437,400.00, N10miillion, N2.46million, N10miillion, N100million, N61million, N100million, N40.7million and N42million.

EX-INEC Chair Iwu

On November 25, the scheduled N1.23billion fraud trial of a former Chairman of the Independent National Electoral Commission (INEC), Prof Maurice Iwu, failed to go on at the Federal High Court in Lagos following the judge’s absence.

Justice Nicholas Oweibo was said to be away on an official engagement.

Iwu is facing three counts of alleged fraud and money laundering.

He was first arraigned by the Economic and Financial Crimes Commission (EFCC) on August 8 before Justice Chuka Obiozor, who granted him bail in the sum of N1billion.

Following the transfer of the case to Justice Oweibo, Iwu was re-arraigned by the EFCC on October 24.

The ex-INEC boss pleaded not guilty.

Justice Oweibo adjourned till yesterday for a trial to commence.

In the absence of the judge, parties were informed that the case had been adjourned till February 27, 2020.

In the charges against him, the EFCC alleged that between December 2014 and March 27, 2015, Iwu “aided the concealment of N1.23bn in the account of Bioresources Institute of Nigeria Limited with number 1018603119, domiciled in the United Bank for Africa.”

It said he “ought to have reasonably known that the N1.23bn formed part of proceeds of an unlawful act, to wit: fraud.”

The prosecuting counsel for the EFCC, Mr Rotimi Oyedepo, told the court that the ex-INEC chairman acted contrary to sections 18(a) and 15 (2) (a) of the Money Laundering ((Prohibition) Act 2011 and was liable to be punished under Section 15(3) of the same Act.

Iwu pleaded not guilty.

 

Trial of househelp for allegedly killing 89-year-old grandmother, daughter, 36  

The trial of a houseboy, Joseph Ogbu, over the killing 89-year-old grandmother and daughter, Adejoke John and Oreoluwa ,36, will continue at an Igbosere High Court, Lagos in the new year.

Durin the last proceedings November 12, a security guard, Dahiru Musa, had told the court how the bodies of Ajoke and Oreoluwa were discovered after they were allegedly killed by their newly employed house help, Ogbu.

Ogbu is facing a three count charge of murder and stealing brought against him by the state.

The Director, Directorate of Public Prosecution (DPP), Yequb  Oshoala, had told the court that the defendant committed the alleged offence on June 19 and that the incident took place at 4, Ogunlana Drive, in Surulere area of Lagos, at about 9: 30pm.

Oshoala said that the defendant allegedly killed one Adejoke by strangulating her to death while he killed Oreoluwa by stabbing her to death.

He said “ Ogbu, whilst armed with a knife, robbed one Adejoke John of her Toyota Camry Saloon Car, with Reg No. FST 104 CW, LG Plasma TV, a handset, one Gionee handset, one Nokia phone, one i- Tell phone and one power bank”.

Justice Modupe Nicole-Clay adjourned the case till January 23, 2020 for continuation of hearing.

 

Trial of dismissed cop over alleged  murder of Kolade Johnson

A dismissed cop, Inspector Ogunyemi Olalekan,  was arraigned at an Ikeja High Court for the alleged murder of Kolade Johnson, 35, at a viewing center in Lagos.

The killing of Johnson in cold blood by the dismissed police officer attracted so much public outrage

Olalekan, 45,  is facing trial on a one-count charge of murder brought against him by the Lagos State government on his arraignment before ,  Justice Adenike Coker.

He pleaded not guilty

The defendant is presently on remand at Ikoyi Correctional Services custody following a request by the Lagos State Director of Public Prosecution (DPP), Mr Yaoqub Oshoala.

The  prosecution team is to present  their witnesses before the court at the next adjourned date of January 15, 2020 when trial will commence.

 

UNILAG students’ trial for alleged gang-rape of fellow student

Five students of the University of Lagos (UNILAG), Akoka are presently standing trial before an Ikeja Domestic Violence and Sexual Offences court for allegedly gang-raping a fellow student.

The survivor, now 20, was 17 when she was allegedly serially gang-raped by the five students.

The five students are Chuka Chukwu, 19, Moboluwaji Omowole, 19, Peace Nwankama, 19, James Aguedu, 20 and Josephine Osemeka, 20.

They are charge with four-counts of  of defilement of a child, permitting defilement of a child, procuration and sexual assault before Justice Abiola Soladoye.

During last proceedings on December 3, the survivor was cross-examined by defence counsels, including Abimbola Akeredolu (SAN), Mr Adebisi Ademuwagun, Mr O. C Aibangbee and Mr O. C Fapohunda.

The trial will continue in court at next adjourned date of  January 13, 2020.

 

The Babcock University dropouts case

The trial of  two Babcock University dropouts accused of drugging and gang rape of a lady at Delankaster Hotels, Lekki Phase 1, Lagos will continue to attract attention.

The suspected rapists, Don-Chima George 25 and Olusegun Rasak, 28, the son of reknowned Epe politician (names with held), ware arraigned March 22, 2019 on a two count charge for allegedly drugging and raping a 24-year-old woman (names with held) in Delankaster Hotel Lekki, Lagos

They pleaded not guilty and were subsequently remanded in Correctional Services custody, Kirikiri in a ruling delivered on April 29, 2019 by Justice Abiola Soladoye and from where they had been coming to count on every adjourned date.

The prosecution led by Mr Akin George alleges that the defendants committed the offence on February 3, 2019 from 5.00a.m. to 7.00a.m. at Delankaster Hotels, Lekki Phase 1, Lagos.

The complainant who is friends with George, one of the defendants went to a nightclub with the duo and a group of friends to celebrate George’s birthday.

While at the nightclub, the defendants allegedly mixed the complainant’s drink with a substance that allegedly rendered her unconscious moments later.

The prosecution alleges that they took the complainant to Delankaster hotel which is George’s father hotel, where they allegedly took turns to rape her while videotaping the sexual offence.

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