The Nation Newspaper

Category: Law

  • Agbakoba seeks review of anti-terror laws

    Former Nigerian Bar Association (NBA) President Dr. Olisa Agbakoba (SAN) has called for a review of Nigerian space laws to deal with the challenges of terrorism.

    Speaking during the presentation of Speed of Justice, a training manual on case management, he said the laws no longer meet modern security demands.

    Agbakoba,  represented by Mrs. Bisi Akodu said Nigeria must reassess the efficacy of its laws and their enforcement.

    He said: “As we search for the  missing girls, it is time to reflect on the inadequacies in our legal and physical infrastructure that countries have utilised to resolve problems of this nature. The case of missing 276 Nigerian Secondary School girls has attained an international dimension and attention.

    “Military advisers, negotiators, and counselors from United States  and other countries have arrived in Nigeria to join in the search for the girls abducted by the Islamic militant group Boko Haram.

    “Amid the myriad of challenges against the local efforts in the search of the missing girls is the lack of advanced skills and infrastructure for space and satellite communication, a prerequisite for technological innovation for defence and national security.

    “The outer space has become a highly important region, which holds the potential for both significant benefits and dangers.”

    He said space laws are meant to ensure a responsible approach to the use of outer space for the benefit of all.

    “To this end, space law addresses a variety of diverse matters, such as military activities in outer space, preservation of the space and earth environment, liability for damages caused by space objects, settlement of disputes, protection of national interests, rescue of astronauts, sharing of information about potential dangers in outer space, use of space-related technologies, and international cooperation.

    “We need to rethink our space law policy and satellite communication programmes, review laws as necessary, set up regulation and build infrastructures in view of growing multi-dimensional and trans boundary crimes, terrorism among others. “Space and satellite communications have become and remain the most potent weapons in the fight against terrorism and crime, especially the deluge of international crime that is fall-outs of globalisation.

    “It plays a crucial role in the command-control and execution of the tactical and strategic operation of Armed Forces. This is what we expect the US and other assisting countries to deploy to help in the rescue of the girls,” Agbakoba explained.

  • Lawyers seek review of Pension Act

    Lawyers have called for a review of the employment laws to bring them up to date.

    They said the laws did not adequately protect employees in situations where a company becomes insolvent.

    They spoke in Lagos at the 2014 Punuka Annual Lecture, organised by the law firm of Punuka Attorneys and Solicitors. It had the theme: Employee and pension claims in insolvency.

    A labour law expert, Prof Chioma Agomo of the University of Lagos, said if possible, the laws should provide for insurance of workers’ entitlements to cover for when a company winds up.

    “We need to insure salary and wages of workers so that whether the company has money or not, the workers must be paid,” she said.

    Managing Partner of Punuka Attorneys, Chief Anthony Idigbe (SAN), said there has been a continuous economic pressure in the last decade, resulting companies going into restructuring, mergers and acquisition, business reorganisation, receivership and liquidations.

    According to him, issues always arise as to claims available to the workers, ranging from outstanding salaries/wages, vacation and severance pay, health and disability benefits, pension benefits and other entitlements.

    On how to resolve such claims in insolvency situations, Idigbe said: “In 2001, the World Bank called for special treatment of employee claims during insolvency, recognising that workers are a vital part of an enterprise.

    “It suggests that careful consideration should be given to balancing the rights of employees with those of other creditors.”

    Dean, Faculty of Law, University of Pretoria, Prof Andre Boraine said the labour movement must South Africa played a major role in law reform in relation to the improvement of employees’ position in insolvency and rescue.

    Urging labour unions in Nigeria not to give up in pushing for their rights, he said labour laws much contain some of protection for employees and their claims in insolvency.

    Chairman, Lagos Branch of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) Rev. Folorunso Oginni said there is need to further review the Pension Act, as according to him, there are a lot of discrepancies in the settlement of pension claims that need to be harmonised.

    “There are people who have retired who cannot access their money. We have a lot of area where there are lacunas that we must look into,” he said.

    Chairman, Delta State Bureau for State Pension, Mrs Christy Siakpere, who represented Governor Emmanuel Uduaghan, said the laws must also address the issue of the solvency of pension fund administrators (PFAs).

    “Although the issue of insolvency is less a challenge in the public section than it is in the private section, the same cannot be said of the current system under PFAs.

    “Today, we can easily have a situation of insolvency of the PFAS, which are holding asses that do not belong to them but are actually owned by the employees and as such should be well secure,” he said.

    The governor said Delta has contributed over N16billion as counterpart funding to the new pension scheme since its inception in 2007.

    He added that the state has cleared the backlog of payment of retirees caught between the old and new pension schemes.

    Also at the event were retired Supreme Court justice, George Oguntade, who chaired the event; Justice Rita Ofili-Ajumogobia and Justice Ibrahim Buba of the Federal High Court; acting Director-General National Pension Commission (PENCOM) Mrs Chinelo Anohu-Amazu, who was represented; and PENGASSAN General Secretary, Comrade Bayo Oloshile, among others.

  • Also bring back good governance

    The monumental national tragedy and humiliation, arising from the kidnap of over 200 teenage girls from Government Girls Secoundary School, Chibok, in Borno State, merely exposed to the international community, the daily humiliation associated with being a Nigerian, living in Nigeria. While the trauma being experienced by the girls, the parents and relations of the abducted girls and indeed well meaning Nigerian deserve all the empathy, it must be borne in mind that national tragedies are daily occurrence in our country. No doubt, the thought of what could be happening to the young girls in the hands of the bandit group, known as Boko Haram, can turn any parent into a mental wreck.

    Regrettably, the kidnap saga is attenuated by the helplessness of the ordinary Nigerians in the face of gross ineptitude, by those who have foisted themselves on us, as our leaders. While we demonstrate, rail and deservedly worry ourselves to death, over this tragedy, the greater unfolding dilemma called governance in our country, is trudging on as if the Chibok tragedy, was a one-off stuff. It is not; as worse things have happened, and many more will likely happen, unless we all forcefully insist on good governance. The idea here is not to underestimate this national tragedy, but merely to contextualize it. Take for instance the daily streaming of thousands, if not millions of our young girls into forced prostitution, at home or abroad; or the teenage-mothers and their baby factories, evoking a humiliating moral degeneracy and an evil effort to eke out a living.

    Also factor in the prostituting wives and other women, who in desperate efforts to support their economically humiliated husbands, or other relations, engage in the humiliating and hurting hawking of their biological wares. Of course their despondent and unemployed relations are other victims of the political and economic vampires who bestrode our national space like the Boko Harams in the Sabisa forest. Also factor into this group, the young teenagers, inhumanly forced into early marriages, on one self-serving dogma or another, and who inevitably trudge ahead in their miserable lives to become virgina vestiticular fisticular (vvf) patients. Imagine their ultimate humiliation when they are alienated by the same self-serving parents and relations who in the first instance forced them into early marriages or teenage prostitution.

    ‘The Bring Back Our Girls Alive Now’ campaign is a worthy cause, but our dear country as currently run, is a cul-de-sac, and so needs far greater concentration of local and world attention and pressure, for her to make genuine progress, as a modern society. As eruditely argued by Tatalo Alamu in his column last Sunday, titled, Sambisa and Other Forests; this national tragedy is a mere reflection of a deeper malaise, facing our country. One such other urgent national need as we insist that the girls are safely brought home now; is for those in positions of authority at the federal, state and local councils, to Bring Back Good Governance.

    The way to go is to enforce accountability of our nation’s human and material resources, as well as the electoral process. It is a ringing shame that Nigeria dose not know the actual size of her population, not to talk of having a modern data of all the occupants of her national space. The result is that when crimes are committed against our country, whether a lowly one, such as burglary or a horrendous one such as mass murder or kidnapping, the modern forensic technology, which could have pinned down the culprits with certainty, is hampered by lack of a national data. So, as we mourn the grievous and devious acts of modern criminality, we as nation must urgently, prepare our selves, with modern technical know-how, to confront these challenges. If we are serious, then the next national census, must apply the best technology we can afford, to capture an efficient and effective data, of our nationals.

    Another urgent national need is for accountability of our material resources. As should be clear to all genuine patriots, the national resources can no longer sustain the bare faced stealing and criminality of those occupying positions of public power. Those who like to live like Arabian sheiks of oil rich kingdoms, on our bare back bones, must come to terms with our national emergencies. Even while pursuing fiscal federalism and the attendant competition it will hopefully engender, the resources of our country in the custody of public officials must be applied to enhance good governance. When we tell idiotic tales of missing billions of dollars and naira, we are not only advertising criminality as a national ethos, we are indeed, mismanaging the badly needed resources to help our country prepare for the challenges of a modern society. If we want to get the required national security architecture ready for the challenges we face, then those who have been helping themselves with our common resources must stop now.

    Of course to get genuine persons into positions of authority to effect the needed changes, our elections must be free, fair and credible. Anything short of that is a clear and manifest invitation of anarchy. So, those who steal elections are also stealing our lives and are the worst brigands. Here we are talking of the lives of millions who will perish from the crisis that arise from manipulation of election. To help stem another round of national crisis, shame and international odium, the forthcoming national elections must be well planned and executed. The officials of the Independent National Electoral Commission must bear in mind that their actions and inactions could cost millions of lives and properties. As we match to bring back our girls, let us also work to bring back good governance, to our country.

  • Lawyer seeks to probe verdict

    A lawyer, Chief John Osuji, has urged Lagos State Chief Judge, Justice Ayotunde Phillips, to verify the authenticity of an enrolment judgment purportedly delivered by the state High Court on July 30, 2008.

    It is on a suit numbered ID/2801/92, between Mr Farayola Ogundokun (plaintiff) and Alhaji G. Owoade.

    Osuji said his client’s property was demolished on the basis of the enrolment judgment after he was forcefully ejected.

    The enrolment judgment declared the plaintiff as entitled to a Certificate of Occupancy of Plot 15, Apapa Oshodi Expressway. The property is approximately 430,849 square metres, the lawyer said.

    Osuji said his client, the General Overseer of the Chosen of the Lord Ministry, Prophet Martins Oni, was in his office when people who claimed to be bailiffs from the court,  accompanied by ‘Odua Peoples Congress (OPC) members’, showed him a copy of the ‘judgment’ and began the demolition.

    “We wish to state that our client was not mentioned in the purported judgment, and was never served any hearing notice in respect of the suit that led to the judgment.

    “Besides, the land in question legitimately belongs to our client, having acquired it 17 years ago from Alhaji Owoade (the defendant in the suit).

    “Our client possesses the land documents, which include survey plan, House Plan, Receipt of Purchase, Building Plan, the Ijeshatedo Family land receipt, and other documents from the government,” the lawyer wrote.

    According to him, Oni’s four-storey building, with four mini-warehouses, offices, 14 shops, a church, were pulled down and property worth N1.2billion allegedly carted away by the bailiffs who claimed to be taking them to the court.

    Osuji said Oni, the Director-General of Police Assistance Committee of Tradesmen and Artisans, had petitioned the police, who subsequently wrote the court seeking to authenticate the judgment, but are yet to receive a response.

    “In view of the foregoing which had resulted in our client suffering colossal damage over his legitimately acquired property, along with valuable items, we urge your Lordship to, as a matter of urgency, use your good office to direct investigation of the authenticity of an enrolment judgment of the Lagos State High Court dated 30th October, 2008…

    “Our client is desirous of having an urgent resolution of this matter through your immediate intervention, failure which may necessitate our seeking redress from the court of law to reclaim our client’s land and also ask for compensation for his goods carted away from the demolished building with the connivance of the bailiffs from the Lagos High Court,” Osuji wrote.

    The letter, which was received by the Chief Judge’s Office on May 12, was also sent to Governor Babatunde Fashola (SAN) and the Attorney-General and Commissioner for Justice Mr Ade Ipaye.

  • When parties may invoke original jurisdiction of Supreme Court

    The Plaintiff’s grouse, it was argued, is that it has been denied imposition and collection of taxes on the supply of goods and services because such tax are, due to the implementation of the illegal and unconstitutional VAT regime, collected by the agency of the 1st Defendant. The power of the National Assembly to enact the legislation is the crux of Plaintiff’s suit. Learned senior counsel urges that the issue be resolved against the 1st Defendant.

    Under the 2nd issue, learned senior counsel cites the decisions in Saraki v. Kotoye (1992) 9 NWLR (Pt.264) 156 at 188 and Okafor v. AG Anambra (1991) 6 NWLR (Pt.200) 659 at 681 and submits that since the subject matter and the parties in the instant suit are not the same as in the other suits, the instant suit cannot be rightly held to be an abuse of the process of this Court.

    On the whole, learned senior counsel to the Plaintiff prayed that all the preliminary objections be overruled. He urges that the court assumes jurisdiction over Plaintiff’s suit.

    In considering the 1st issue raised, the Court stated that the determination of the preliminary objections against the Plaintiff’s action requires the application of the principle of community construction of the provision of Section 232 (1) of the 1999 Constitution by considering all relevant provisions of the very constitution that may be helpful in the proper understanding of the particular provision in contention. See Buhari v. Yusuf (2003) 6 SC (pt.11) 156 and Associated Discount v. Amalgamated Trustees (No 2) (2007) 7 SC 168. The Court was of the firm and considered view that a resort to Section 6 (1), (5) and (6) and Section 251 (1) (a), (b) and (q) of the 1999 Constitution as well will facilitate a proper understanding of Section 232 (1) of the same Constitution that is particularly in issue in the matter at hand.

    The Court held that a community reading above provisions reveals the establishment of the Supreme Court and the Federal High Court and their investiture with judicial powers in all actions and proceedings pertaining all matters between persons or between government or authority and to any person in Nigeria. In particular, Section 232(1) provides for the original jurisdiction of the Supreme Court which is exclusive to it in respect of any dispute between the Federation and State or between the States inter-se, the determination of which dispute involves a resolution of any question, whether of fact or law, on which the existence or extent of the legal right being asserted in the dispute depends. The Court stated that by this Section, once a dispute is between the Federation and a State or between the States themselves and the determination of the dispute requires resolution of any question, whether of fact or law in relation to the claim raised, the Supreme Court and no other would have jurisdiction over such matters. The Court further stated that the section does not empower the apex Court to hear and determine disputes between the government of the federation and a state or the governments of the States inter-se. It equally does not allow for disputes between agencies of the Federal government and a State or agencies of the State governments inter-se.

    The Court held that the Plaintiff’s grouse is about a dispute between the Federal government and the governments of the States rather than between the federation and the various states. It is also a dispute pertaining to the operation of an agency of the Federal government, Federal Inland Revenue Service (F.I.R.S.), vis-a-vis an agency of the Plaintiff. The Court stated that it is not unreasonable to also assess the dispute as one which seeks the interpretation and examination of the operation of the 1999 Constitution as it affects both sides to Plaintiff’s suit. The Court held that it does not have the slightest doubt that a dispute on all or any of these comes squarely within the purview of the jurisdiction the makers of the Constitution specifically provided for the Federal High Court under Section 257 (a), (b) and (q) of the 1999 Constitution which provision tampers and conditions the original jurisdiction of the Supreme Court pursuant to Section 232 (1) of the same constitution. The Court further held that the Plaintiff, whose claim clearly relates to the revenue of the Government of the federation, consequent upon the taxes one of its agencies levies and/or seeks the interpretation of the Constitution as to how the operation of the Constitution affects the 1st Defendant or any of its agencies, is at the wrong court. The Court declined jurisdiction.

    On the 2nd issue as regards abuse of court process, the Court held that the door has been shut against him. That had the Court found the Plaintiff’s suit as coming within the purview of Section 232 (1), it would have then become necessary to consider the 2nd leg of the objection raised against the suit. The Court held that it is accordingly unnecessary to delve into the ground having declined jurisdiction for the reasons already articulated.

    In sum, the court held that the preliminary objections raised against the competence of Plaintiff’s suit having succeeded are hereby upheld. The Plaintiff’s suit was resultantly struck-out for want of jurisdiction.

    EDITED BY LAW PAVILLION.

    LawPavilion Citation: (2014) LPELR-22701(SC)

  • Law institute partners varsity

    The Nigerian Institute of Advanced Legal Studies  (NIALS) has signed a Memorandum of Understanding with the University of Cape Town, South Africa, on the teaching of law.

    The partnership was endowed by a former Chief of Defence Staff, Gen. Theophilus Danjuma.

    NIALS’ Director-General, Prof. Epiphany Azinge (SAN) praised Dajuma’s philanthropic gesture.

    “ General Danjuma by this grant has clearly demonstrated his love for education, his belief in an enduring legacy and his passion to immortalise himself through the instrumentality of this grant

    “NIALS is indeed honoured to be part of this ennobling enterprise and wish to pledge its commitment to the  judicious and transparent use of the grant.

    “We promise to be to accountable and prudent in the management of the funds,” he said.

    By virtue of the grant, NIALS can collaborate with the University of Cape Town and share resources.

    “We  are extremely happy about this new relationship and hope that it is a relationship that will be mutually beneficial to both institutions. We look forward to  a robust engagement between our two faculties and promise to live up to expectations of our benefactor, Danjuma,” Azinge said.

    On March 17,  NIALS celebrated its 35th anniversary, in which it displayed its publications and research undertakings.

    The publications have been  adjudged as  major contributions to legal scholarship.

    “That basically is the hallmark of our acclaimed status as the apex legal institution for law and related disciplines in Nigeria.

    “We are also very confident of our faculty which undoubtedly is one of the best in Africa.

    “We promise to deploy the services of our faculty and indeed the expertise we parade to ensure that the vision that informed the grant to  NIALS and the University of Cape Town is fulfilled to the letters

    “I want to congratulat both the University of Cape Town and NIALS for this historic and auspicious occasion.

    “I pray that in the years to come, we will have course to  look back and beat our chest with pride that we were part of this epoch making event.” Azinge said.

  • Court rules on Braithwaite’s, bank’s case June 27

    Court rules on Braithwaite’s, bank’s case June 27

    Justice Doris Okuwobi of an Ikeja High Court, will on June 27 rule in a N10 billion suit instituted by elder statesman,  Dr. Tunji Braithwaite against  Standard Chartered Bank Limited, Lagos.

    Dr. Braithwaite, at the resumed hearing  last week, expressed  frustration over the suit because of the adjournment.  He said he expected  the court to accord the matter, which has been in court for over four years, a speedy trial.

    The bank filed an application,  seeking to strike out some paragraphs of the plaintiff’s  reply to its  amended statement of defence.

    Dr Braithwaite, who  took  time  off from the ongoing National Conference, came to  the court with some experts as witnesses in the matter.

    He told the court that he was suprised by the adjournment.

    Braithwaite urged the court  to ensure that trial  starts early, adding that the judge should deliver her ruling on time  on the application he described “frivolous’.

    According to him, he took time off the conference because he was told that trial would begin.

    Dr Braithwaite alleged that  the defendant was capitalising on the delay to continue with the construction of the building, which he said is now on its 13th floor from the second floor when the Court of Appeal ordered the plaintiff and defendants to maintain the status quo.

    Defence counsel, Adeniyi Adegbonmire in his submission, refuted the claims that the defendant was  consciously delaying  trial, saying that  he had started cross examining the witness before the plaintiff  sought for the amendment of his statement of claims.

    Adegbomire, who maintained that it is the bank’s rights to build,  said the matter had delayed because the plaintiff decided to seek injunctive reliefs rather than pursuing the trial.

    According to him, the motion on notice filed on May 8, by the defence was predicated on the fact that the plaintiff decided to introduce new facts that should have been  in its statement of claims in the reply to their amended statement of defence.

    He, therefore, urged  the court to strike out some paragraphs of the plaintiff”s reply, adding that, allowing them will amount to foreclosing them from responding to the new fact introduced into the matter.

    According to him, the reply to the defendant’s amended statement of defence dated February 28, contained allegations and averments, which can only be validly and legally made in a statement of claim.

    Specifically, the counsel said some of the avverments referred to the issue of fraud on the part of the bank, which will not give the defendant an opportunity to respond and therefore, amounting to an abuse of court process.

    He, therefore, urged the court to strike out the paragraphs containing such averrements and hold that the plaintiff include them in their amended statement of claims.

    Adegbomire’s submission was however,  opposed by the  counsel to the plaintiff, Razaq Okesiji. Okesiji said the contents of the claimant’s reply to the defence statement and witness statement on oath, are relevant to the subject matter of the suit and are necessitated by the averements in the amended statement of the defence and the documents introduced by the defence, which were not in existence at the time of filing the amended statement of claims.

    He said the claimant had neither departed, contradicted nor added new item to its claim, which should prejudice the defendant.

    Citing several Supreme Court authorities, Okesiji said the reply was within the rights of the claimant and that Order 15 Rule 19 of the High Court Rules allows new pleadings to come up in a reply.

    While urging the court to dismiss the defendant’s application, he said the paragraphs of the claimant”s reply to amended statement of defence and corresponding paragraphs of the statement on oath, which the defendant seeks to be struck out, relate to the Environmental Impact Assessment Procedure in Nigeria.

    Okesiji pointed out that  the failure of the defendant to comply with the  procedure  has always been the kernel of the claimant’s case right from the commencement of the suit.

    Ruling on the application, Justice Okuwobi  fixed June 27, for ruling on the defendant’s application.

    In the substantive suit, Dr Braithwaite is seeking an order declaring as illegal, the erecting of a 15-storey commercial building by the bank in an otherwise residential area in Victoria Island, Lagos.

    The elderstatesman said it  was worrisome that the bank has installed giant industrial generators directly opposite his house with the concomitant fumes and noise shattering the air and serenity of the environment.

    He is, therefore,  praying the court to grant him N10billion in damages and a demolition of the building.

    Dr. Braithwaite, earlier this year, told Justice Okuwobi that  the Court of Appeal had  stopped  the Bank  at the second floor level of the project, yet the construction has reached the 13th floor.

    He said: “This is a serious case to try. My Lord, I’m not happy with the trend of this case. This case will surely try the integrity of the Nigerian legal system and would either have a solitary effect or eternal condemnation of the Nigeria legal system.

    “ Your lordship will recall that you granted us an order amending our process since June 2013, but up till now the defendant has deliberately refused to file their statement of defence and manipulating the Nigeria legal system while continuing to destroy the residential area by building up till 15th floor,” he added.

  • EFCC arraigns ex-commissioner for alleged N108m theft

    A former Commissioner for Youth and Sports in Anambra State, Mr Okey Aroh, has been arraigned before an Ikeja  High Court in over an alleged  N108 million theft.The Economic and Financial Crimes Commission (EFCC) arraigned Aroh alongside Abimbola Oluwaniyi, before  Justice Oluwatoyin Ipaye.

    They were arraigned on a  six count charge of conspiracy, stealing, forgery and uttering.

    EFCC counsel, Mr Omeiza Adebola told the court that the defendants allegedly  conspired to steal the money belonging to their former employer, an old generation bank between June 2008 and July 2009.The EFCC said at the time the offence was committed, Aroh was the manager while Oluwaniyi was a relationship officer of the Oke Arin branch of the bank.

    He also accused them of forging two certificates of deposit purportedly issued by the bank to facilitate the theft.He said the offences breached Sections 390 (7) (9), 467,468 and 516 of the Criminal Code Laws of Lagos State  2003.

    When the charges were read to them, the   defendants pleaded not guilty.

    Counsel to Aroh Mr. Vincent Nwana, while moving his client’s application for bail  urged the court to grant the defendants bail on liberal terms.

    Nwana argued that the charge arose out of loans granted by the defendants when they were employees of the bank.

    In her ruling, Justice Ipaye varied the bail conditions for the two defendants.

    She granted Aroh  N5 million bail with two sureties in N2 million each.

    The money, she said, should be paid by a bank draft drawn in the name of the Chief Registrar of the Lagos High Court and should be deposited into an interest yielding account.

    According to her, one of the sureties must be a blood relative while both sureties should be resident in Lagos State.

    The judge directed that the sureties should be gainfully employed and must produce three years tax clearance payable to the government.

  • Man arraigned for ‘forgery’

    A 32-year-old man, Ojewole Oyewale, who allegedly forged a Magistrate’s judgment  and presented himself as a Sheriff has been arraigned before an Ikeja Magistrate’s Court.

    Oyewole was arraigned before  Magistrate (Mrs.) Abimbola Komolafe.

    The defendant and seven others at large, are facing a seven- count-charge of conspiracy, burglary, stealing, forgery, impersonation and unlawful damage.

    Police prosecutor, Eranus Nnamonu, an Assistant Superintendent (ASP) told the court that Oyewale forged the judgment of Magistrate Court 42 in Lagos and purported it to have been  delivered by Mr. O. A. Adesupo on November 13, 2013.

    Nnamonu  further told the court that the defendant broke and forcefully entered into Mrs.  Yetunde Aderemi’s house and stole gold jewelry valued N5milliion and N650,000 cash belonging to the victim.

    The prosecutor said the defendant and five others, at large, with intent to defraud the victim, impersonated and acted as Sheriffs of the Ikeja High Court.

    According to him,  the defendant was allegedly paid by Qudus Gbolahan-Folami, who is said to be the landlord of 23, Muri Folami Street in Ogudu Ojota area of Lagos, to act as the  Sheriff.

    He said the defendant maliciously damaged one refrigerator, valued N250,000, television set valued N220,000, a dinning set and sitting room settee, valued at N500,000.

    Other items destroyed included kitchen utensils valued at N420,000, lace materials (clothes) worth N300,000, all belonging to the victim.

    He said the defendant and seven others conspired to commit the offences on March 12, at 23, Muri Folami Street in Ogudu Ojota area.

    According to the prosecutor, the offences  contravened Sections 409, 305 (b), 285 (1) and is punishable under Section 363 (w), 378 (1) and 348 of the Criminal Law of Lagos State of Nigeria 2011.

    The defendant pleaded not guilty.  Magistrate Komolafe  granted him N1million bail with two sureties in like sum.

    She ordered that a sum of N50,000  be deposited, in the account of the court registrar by the defendant.

  • Firm’s chief seeks to quash N82.8m theft charges

    Firm’s chief seeks to quash N82.8m theft charges

    The Managing Director of Cross Country Limited, Mr  Bube Okorodudu, has asked a Lagos State High Court to quash the N82.8 million theft charge preferred against him by the Economic and Financial Crimes Commission (EFCC).

    Okorodudu made the request in a preliminary notice of objection filed by his counsel, Chief Robert Clarke (SAN) before the court presided over by Justice Lateef Lawal-Akapo.

    Similarly, a co-defendant, Car-Link Limited, also filed an application through its counsel, Chief Ladi Williams (SAN).

    The defendants are facing an eight-count charge of conspiracy, stealing, forgery and altering.

    The EFCC alleged that they stole the money through the fraudulent sale of 17 units of Volkswagen transporter buses belonging to AG Moeller Limited and Mr Adeloye Olukemi.

    Moving the application at the resumed hearing of the matter last week, Clarke argued that the EFCC had no power to prosecute offences under laws enacted by state Houses of Aassembly.

    Clarke said the eight-count charge was brought under the Lagos State Criminal Code.

    According to him, ”Section 70 of the Administration of Criminal Justice Law of Lagos State 2011, mandates the EFCC to obtain a fiat from the attorney-general of Lagos State before it can prosecute matters before the state high court.”

    He submitted that the failure of the anti-graft agency to obtain the fiat made the charge against the defendants a nullity.

    He, therefore, asked the court to quash the eight-count charge listed in the information and discharge the defendants.

    Car Link counsel Williams also argued that the charges were absurd as the defendants had already paid for the buses.

    Williams said: ”The proof of evidence does not disclose a prima facie case against the defendants requiring them to stand trial.”

    He submitted that the dispute was purely a civil matter, which was being heard before a Federal High Court in Lagos.

    Reacting to the development,  EFCC counsel Mr Rotimi Oyedepo urged the court to dismiss both applications and order the defendants to take their pleas.

    Oyedepo cited the Court of Appeal decision in the case of Erastus Akingbola and Federal Republic of Nigeria, where the appellate court held that the EFCC had the power to prosecute cases at the state high court.

    “It is now settled that the EFCC does not need a fiat from the Attorney-General of Lagos State to initiate criminal proceedings at the state high court. In the interest of justice, I urge your Lordship to dismiss these applications and call upon the defendants to take their pleas,” he said.

    Justice Lawal-Akapo  adjourned the matter  till May 26, for ruling.