The courts were kept busy throughout the outgoing year. From death sentences to acquittals, to forfeitures, ADEBISI ONANUGA, ERIC IKHILAE and ROBERT EGBE look at some of the major cases that caught the public’s attention this year
Acquitted of N4.7b fraud
One of the earliest major cases of the year was the discharge and acquittal of former Governor Rasheed Ladoja of Oyo State of corruption charges.
Justice Mohammed Idris of the Federal High Court, Lagos, on February 28, found Ladoja not guilty of the N4.7 billion fraud charge preferred against him by the Economic and Financial Crimes Commission.
Justice Idris said Ladoja was cleared because the case against him was “too low on credible evidence”.
Béninoise cook gets his comeuppance
Justice was served on June 25 when a Béninoise cook, Sunday Adefonou Anani, got his reward for a high-profile murder.
An Igbosere High Court in Lagos sentenced Anani to life imprisonment for the October 31, 2018 murder of the Chief Executive Officer of Credit Switch Ltd, Ope Bademosi.
Justice Mobolanle Okikiolu-Ighile convicted Anani following his plea of guilt to a one-count charge of voluntary manslaughter.
Anani confessed to the court that he stabbed Chief Bademosi to death in his Ikoyi, Lagos home, while trying to rob him.
He also confirmed that he was the person caught on Closed Circuit Television (CCTV) fleeing the scene of the crime, after the murder.
N1.6bn fraud: Court acquits Jonathan’s ex-aide
The Economic and Financial Crimes Commission (EFCC) suffered a blow when a Federal High Court in Lagos threw out its N1.6 billion money laundering charge against former President Goodluck Jonathan’s aide on Domestic Affairs Dr. Waripamo Owei-Dudafa.
Justice Mohammed Idris held that the EFCC failed to prove any of the 22 counts against Owei-Dudafa and a Heritage Bank worker, Joseph Iwejuo, beyond reasonable doubt.
The judge berated the commission for not properly investigating the case before rushing to court in 2017, when the defendants were arraigned.
Diezani’s N14.4bn jewellery
Four years after she left office, former Petroleum Resources Minister Mrs. Diezani Alison-Madueke continues to hug the limelight, albeit for all the wrong reasons.
A Federal High Court in Lagos on September 10 ordered permanent forfeiture to the Federal Government jewellery worth $40 million (about N14.4 billion), recovered from Alison-Madueke.
The jewellery, categorised into 33 sets, included “419 expensive bangles, 315 expensive rings, 304 expensive earrings, 267 expensive necklaces, 189 expensive wristwatches and 174 expensive necklaces and earrings.”
The rest are: 78 expensive bracelets, 77 expensive brooches and 74 expensive pendants.
Justice Nicholas Oweibo made the final forfeiture order while delivering judgment in a motion filed by the EFCC.
Duke’s N537m ‘debt’ case
A Federal High Court in Lagos on September 11 cleared a former Cross River State Governor, Mr. Donald Duke, of his N537,334,360.77 debt to Asset Management Corporation of Nigeria (AMCON) after he paid N350 million as final settlement.
The court discharged its August 21 interim order which permitted AMCON and the United Bank for Africa (UBA) to seize Duke’s properties and funds in his accounts.
Justice Nicholas Oweibo cleared Duke following settlement terms filed and moved by AMCON’s legal team from Benson Reeds Legal Practitioners, Abuja.
AMCON counsel Mrs. Juliet Benson told the judge that Duke had fulfilled the terms of the out-of-court settlement and both parties had agreed to the terms.
Duke, a former presidential candidate, denied owing the sum.
Lagos farmer gets 10 years for impregnating daughter
I bet you probably didn’t know there were farmers in Lagos. Unfortunately, one such farmer, Yesiru Onajobi, was in the news on September 27 for the worst possible reasons.
On that day, the Federal High Court in Lagos sentenced Onajobi to 10 years imprisonment for raping and impregnating his 14-year-old daughter (name withheld).
Justice Sule Hassan convicted Onajobi following a six-year trial. Justice Hassan held: “The prosecution has been able to establish the charges against the defendant… The offences that the defendant is charged with are very serious offences, consequently, I hereby sentence you, Yesiru Onajobi, to 10 years imprisonment on each count without option of fine.”
Okocha settles tax evasion case
One of Africa’s biggest football legends and probably one of its richest, at least in his heyday, in tax debt? Who would have thought it?
On October 9, a former Super Eagles’ Captain, Augustine “Jay-Jay” Okocha, settled his 2017 tax evasion case with the Lagos Internal Revenue Service (LIRS).
Lagos State Prosecutor Mrs. Y. A. Pitan told Justice Adedayo Akintoye of an Igbosere High Court in Lagos that Okocha had visited the LIRS office and reconciled his accounts.
Pitan applied to the court for an adjournment to enable her file a notice of discontinuance of the charge preferred against the former BBC Footballer of the Year.
Justice Akintoye granted her prayer and withdrew the warrant of arrest earlier issued on the defendant.
60 years for child defiler
One of the cases handled by the Ikeja Sexual Offences Court that attracted headlines all through trial was that of a school supervisor of Chrisland School, Lagos, Adegboyega Adenekan, who was tried for child defilement
On October 24, the court convicted and jailed Adenekan, 47, to 60 years imprisonment for child defilement.
Delivering judgment in the case, Justice Sybil Nwaka described Adenekan as “wicked” and an “animal” that should not be allowed on the streets.
Lagos State had arraigned Adenekan on January 29, 2018, on a lone count charge of defiling a two-year and 11-month pupil of Chrisland School, Victoria Garden City (VGC), Lagos State.
N16.4m fraud: Court acquits ex-IG Ehindero
Justice Silvanus Oriji of the FCT High Court, Apo, on November 13, 2019 acquitted a former Inspector-General of Police, Sunday Ehindero; and a Commissioner of Police, Budget, John Obaniyi, of N16.4m fraud charge.
Ehindero and Obaniyi were arraigned on May 10, 2018 by the Independent Corrupt Practices and other related offences Commission (ICPC).
But Justice Oriji held that the prosecution failed to establish a prima facie case against the defendants.
“I therefore uphold the defendants’ no case submission. The defendants are hereby discharged,” he said.
Osun Governorship Election Dispute (Adeleke v. Oyetola)
On March 22, 2019, the Osun State Governorship Election Tribunal sitting in Abuja, in a split decision of two-to-one, nullified the election of Governor Gboyega Oyetola of the All Progressives Congress (APC).
The tribunal Chairman, Justice Ibrahim Sirajo, however, dissented in a minority judgment.
Justice Peter Obiora, who read the lead majority judgment, ordered the Independent National Electoral Commission (INEC) to immediately issue a fresh certificate of return to Senator Ademola Adeleke of the Peoples Democratic Party (PDP) as the validly-elected governor of Osun State, after declaring the September 27,2018 re-run election as illegal.
The tribunal’s majority judgment held that Adeleke scored the lawful majority votes at the election contrary to the declaration by INEC.
Oyetola and the APC appealed, and on May 9, 2019 a five-man panel of the Court of Appeal, which sat in Abuja upturned the tribunal’s majority verdict and held in favour of the appellants in a majority judgment of four-to-one.
Justice Hannatu Sankey, who led the panel, held in the lead majority judgment, that the composition of the tribunal was faulty because of the absence of Justice Obiora in one of the proceedings.
Justice Sanky proceeded to set aside the entire proceedings of the tribunal on that ground alone. She added that the court, ordinarily, should have ordered that the case be returned for retrial before another tribunal, but because it was a post-election case, where time could not be extended or elongated, the court could not make an order of retrial.
Justice Sankey also resolved the remaining 11 issues in the appeal in favour of the appellants and held, among others, that the petitioners – Adeleke and PDP – did not prove beyond reasonable doubt that there was substantial non-compliance with the Electoral Act.
However, Justice George Mbanmba gave a dissenting judgement, in which he, among others, held that the allegation that Justice Obiora did not attend all the sessions of the tribunal was a mere allegation that was not proved.
Adeleke and the PDP appealed to the Supreme Court, and, on July 5, this year, the apex court dismissed the appeal and upheld the earlier majority decision of the Court of Appeal on the issue
Invictus Obi loses N280m
A Federal High Court in Lagos on November 21 ordered permanent forfeiture to the Federal Government the N280,555,010.65 found in bank accounts belonging to two companies owned by ‘Forbes entrepreneur’ Obinwanne Okeke also known as Invictus Obi.
The companies are: Invictus Oil and Gas Ltd and Invictus Investment Limited.
Okeke is standing trial in the United States of America for an alleged $11m cyber fraud following his indictment alongside other 77 Nigerians.
Justice Rilwan Aikawa made the order sequel to a motion for final forfieture filed and agued by the counsel to the Economic and Financial Crimes Commission (EFCC) Rotimi Oyedepo.
Atiku, PDP v. Buhari, APC
Shortly after the Independent National Electoral Commission (INEC) declared President Muhammadu Buhari, the incumbent and candidate of the All Progressives Congress (APC), winner of the February 23, 2019 presidential election, the first runner-up and his political party – Atiku Abubakar and the Peoples Democratic Party (PDP) – headed for the election tribunal.
The Supreme Court, on October 30, 2019 put a nail to Atiku’s quest to be made the President. A seven-man panel of the, court led by the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad, dismissed the appeal by Atiku and the PDP. The court held the appeal was without merit.
On November 15, 2019 the Supreme Court gave reasons for its October 30 decision, dismissing the appeal by Atiku and the PDP. The court explained that it resolved the five issues, identified for determination, against the appellants, because they failed to establish their claim with necessary evidence.
Kalu’s conviction for N7.65bn fraud
After 12 years, the trial of a former Governor of Abia State, Orji Uzor Kalu, for N7.65bn fraud and money laundering came to an end last Thursday with the senator bagging 133 years imprisonment.
A Federal High Court in Lagos convicted Kalu, a Director of Finance and Accounts at the Abia State Government House during Kalu’s tenure, Udeh Udeogu, and Kalu’s firm, Slok Nigeria Ltd on each of the 39 counts of defrauding Abia State.
Justice Mohammed Idris sentenced Kalu to 133 years imprisonment, Udeogu to 56 years imprisonment and ordered that Slok be wound up and its assets forfeited to the Federal Government.
The judge said Kalu, the senator representing Abia North, committed a crime against humanity.
Five ex-governors have been jailed so far. They are: Lucky Igbinedion (Edo), James Ibori (Delta), Revd Jolly Nyame (Taraba), Sen Joshua Dariye (Plateau) and Kalu.
Twenty three others are being prosecuted.
Mompha and Koudeih
One of the cases that generated the most buzz in the latter part of the year was the arrest and arraignment of internet celebrity Ismaila Mustapha, also known as Mompha, and his alleged Lebanese accomplice Hamza Koudeih.
Both men are suspected of involvement in N33 billion money laundering.
The EFCC arrested Mompha on October 19 at the Nnamdi Azikiwe International Airport, Abuja. It arrested Koudeih from the ceiling of his $1.8 million Lagos apartment.
A Federal High Court in Lagos on November 25 remanded Mompha, following his arraignment for the alleged N33 billion fraud.
Mompha pleaded not guilty to 14-count of money laundering, unauthorised forex trade and failure to comply with the Federal Ministry of Industry, Trade and Investment.
The EFCC claimed that the funds were laundered in tranches of N18,059,353,413 billion and N14,946,773,393.00 billion.
The commission further alleged that the defendants, not being a financial institution, or an authorised foreign exchange dealer, negotiated a foreign exchange transaction in the sums of N9.416 million, N20 million, N10,437,400.00, N10 miillion, N2.46 million, N10 miillion, N100 million, N61 million, N100 million, N40.7 million and N42 million.
Koudeih and another Nigerian are standing trial for allegedly conspiring to unlawfully convert $7,069 million, £1 million and €80,000, which were proceeds of unlawful act.
Both trials are ongoing.
Kogi West Senatorial Dispute (Adeyemi v. Melaye)
On August 23, 2019 the National Assembly Election Tribunal, which sat in Wuse Zone 2, Abuja sacked Senator Dino Melaye of the Peoples Democratic Party (PDP) as the representative of the Kogi West Senatorial District.
The tribunal, in a split-decision of two-to-one, upheld the contention of the petitioner, Smart Adeyemi of the All Progressives Part (APC), to the effect that Melaye emerged from a flawed electoral process.
The majority decision ordered the Independent National Electoral Commission (INEC) to conduct a fresh election within 90 days.
On appeal, the Court of Appeal, Abuja in a judgment on September 11, this year, affirmed the August 23, 2019 judgment of the election tribunal which voided the election of Melaye as Senator for Kogi West Senatorial District.
The Appeal Court noted that there were discrepancies in the dates contained on the result sheets produced by INEC for the election held on February 23, 2019 in the Senatorial District.
The court ordered the Independent National Electoral Commission (INEC) to conduct of fresh election in some parts of the Senatorial District within 90 days.
A fresh election has since been held, which Adeyemi won. He is now occupying the seat vacated by Melaye in the Senate.
Imo West Senatorial Election (Okorcha v. INEC)
On July 7, a Federal High Court in Abuja ordered the Independent National Electoral Commission (INEC) to issue former Imo State Governor Rochas Okorocha with a certificate of return.
Okorocha, of the All Progressives Party (APC), had contested the senatorial seat in Imo West district, and was declared winner of the election held on February 23, 2019 by a returning officer who claimed to have acted under compulsion.
INEC consequently refused to issue Okorocha a certificate of return on the allegation that he compelled its returning officer to announce him winner, a decision the ex-Imo State governor challenged in court.
In a judgment on July 7, Justice Okon Abang of the Federal High Court, Abuja held, among others, that having been declared, by the returning officer, as the winner of the election, INEC had no reason not to issue him a certificate of return.
Cases against Magu as Acting Chairman of the EFCC
The question over whether or not President Muhammadu Buhari was in order to have kept Ibrahim Magu as the acting Chairman of the Economic and Financial Crimes Commission (EFCC) for about four years was put to rest in a judgment on December 4, 2019 by Justice Ijeoma Ojukwu of the Federal High Court, Abuja.
The judgement applied to five of such cases filed before the court by different interests, including a lawyer, Wale Balogun.
Justice Ojukwu held that by the provision of section 2(3) of the EFCC Act, it was a mandatory requirement of the law that Magu’s appointment must be confirmed by the Senate to be validated.
She however noted that there was a lacuna in the law as there was no limitation to the powers of the president to re-appoint him and as to how long he could occupy the office in an active capacity.
The judge was of the view that the EFCC is not an extra-ministerial department of the Federal Government and, as such, the law provided that anyone nominated as its chairman by the president must pass through necessary “checks and balances” by the Senate.
She noted that, whereas Section 171 of the Constitution granted the President the powers to appoint heads of extra-ministerial departments at his pleasure, Section 2(3) of the EFCC Act 2004 made it mandatory that any nomination to EFCC chairmanship position must be screened by the Senate to satisfy the interest of the public.
Metuh gets judgment date
After about four years of trial, a Federal High Court in Abuja has announced a date 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 2million pounds without going through any financial institutions.
At the closure of the defence’s case on November 26 this year, 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, 2020 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.
Cases around the controversial P&ID gas supply contract and $9.6b judgment
In the wake of the controversial award of $9.6billion judgment against Nigeria by a London court in relation to an equally controversial gas supply contract awarded to an Irish firm , Process and Industrial Development (P&ID) Limited and its affiliate in Nigeria, the Nigerian Government initiated three cases against the company and those allegedly linked with the contract.
Trial is ongoing.
Murder of 89-year-old grandmother, daughter
The news was hard to understand. An 89-year-old grandmother, Adejoke John, and her pregnant 36-year-old daughter, Oreoluwa, were found stabbed and strangled in their Surulere, Lagos home.
Their 22-year-old househelp, Joseph Ogbu, recruited just two days before was accused of killing them.
Ogbu’s trial for murder is ongoing at an Igbosere High Court, Lagos.
During the last proceedings on November 12, a security guard, Dahiru Musa, 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.
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 collected by former governors now serving as ministers and members of the National Assembly.
They include former Senate President, Bukola Saraki and 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 had adjourned the suit to February 3, 2020 for hearing on report of compliance with the court orders/judgment by the Federal Government.