Tag: Adebisi Onanuga

  • How bank gave Justice Ofili-Ajumogobia waivers on account opening

    How bank gave Justice Ofili-Ajumogobia waivers on account opening

    An Ikeja high court heard yesterday that none of the persons listed as directors in the corporate account opened by Justice Rita Ofili-Ajumogobia at Diamond Bank visited the bank as at when the account was opened.Adebisi Onanuga

    A staff of the bank, Ademola Oshodi disclosed this yesterday to the court at the resumed trial of Justice Ofili-Ajumogobia and Chief Godwin Obla before the court presided by Justice Hakeem Oshodi.

    Led in evidence by Rotimi Oyedepo, counsel to Economic and Financial Service Commission (EFCC), Adebayo, who was giving evidence on waivers given to the judge by the bank, said he did not meet any of the directors of the company as at the time he was opening the account contrary to usual practice.

    He told the court that the company, Nigel and Colive, is into general business and is located at No. 18, Lai Ajayi Bembe Road, Parkview Estate, Ikoyi, Lagos.

    He reiterated that when officials from the bank inspected the business premises it was still under construction.

    He said contrary to stipulated requirements, the fact that the business premises given by the judge was uncompleted was overlooked by the bank officials because the judge was considered a good customer.

    Justice Ofili-Ajumogobia and Chief Obla are jointly being charged by the EFCC for allegedly perverting the course of justice.

    Mrs Ofili-Ajumogobia is facing a 26-count charge bordering on unlawful enrichment, taking property by a public officer, corruption by a public officer, forgery and giving false information to an official of the EFCC.

    Mr Obla, on the other hand, is facing a two-count charge bordering on offering gratification of N5 million to Mrs.

    The anti-graft agency alleges that Mrs Ofili-Ajumogobia, while serving as a justice of the Federal High Court, Lagos, unjustly enriched herself by illegally receiving $793,800 from various sources between 2012 and 2015 in three Diamond Bank accounts.

    The witness told the court that he filled the account opening forms himself but that they were executed and signed by Justice Ofili-Ajumogobia.

    He also said that Justice Ofili-Ajumogobia is the signatory to the account Nigel and Colive which is a corporate account.

    The witness also told the court how cash deposits ranging from N900,000 to N8.8 million were made by him on behalf of the judge into her corporate account with the bank.

    He said the money were either picked up from either her office, her home or from her Bureau De Change operative and that he made all the deposits himself on her behalf.

    Counsel to Mrs Ofili-Ajumogobia, Omotola Akonni (SAN), however, requested for permission to cross-examine Mr Oshodi at the next date of adjournment.

    “I hereby request for time to cross-examine the witness at the next adjourned date, I just came in from a proceeding at the Federal High Court and I need time to settle and prepare adequately,” he said.

    Justice Hakeem Oshodi granted the request of the senior lawyer and adjourned to March 10 for cross-examination of the prosecution witness and March 17 for a continuation of trial.”

    Counsel to Obla, Mr, I.A Adedipe, in his submission, also requested that the international passport of his client earlier handed over to the court as part of his bail conditions should be released to enable him travel abroad.

    In his ruling, Justice Oshodi granted Adedipe’s request for the release of his passport.

    “The Chief Registrar shall release the passport of the second defendant to travel overseas from February 5 to March 5 and return his passport to the Chief Registrar on or before March. 6″, he ordered.

  • Armed robbery convict narrowly escaped death sentence

    Armed robbery convict narrowly escaped death sentence

    • bags 21-year jail term

    A 29 year convicted armed robber, Nwajamba Nwauta, on Wednesday escaped death by hanging by the whiskers.

    Nwauta, a trader, was however sentenced to 21 years imprisonment by an Ikeja high court presided by Justice Sedotan Ogunsanya for conspiracy and robbery.

    Justice Ogunsanya in her judgement found the convict guilty of a two-count charge offence of conspiracy and armed robbery preferred against him by the state government.

    “I find the defendant guilty of the two-count charge, he is hereby sentenced to 21 years in prison,” Ogunsanya said.

    Nwauta, had  escaped death sentence owing to the failure of the prosecution to convince the trial judge that the gun presented to the court as evidence was the one used in the armed robbery operation.

    “I will not be relying on the evidence of ASP Rasheed Kilani because the revolver presented as evidence was not recovered by him but by a mob,” Justice Ogunsanya held.

    Lagos state government had arraigned Nwauta on a two-count charge offence of armed robbery, alongside an accomplice still at large.

    State Prosecutor, Mr Adebayo Haroun, had during trial told the court that Nwauta and his colleague, while armed with a locally made revolver, went to a jewellery shop, threatened and robbed the salesman, one Evan Obi,   of a bag containing N25,000, a mobile phone and an unspecified amount of jewellery.

    Haroun told the court that Nwauta and his accomplice ran out of luck when after the robbery, the salesman, raised an alarm and gave chase.

    He said the commotion attracted a mob which caught Nwauta, beat him up and handed him over to the police.

    He said his accomplice escaped with the stolen property and jewellery.

    He said the convict and his accomplice committed the offences on September 13, 2011 at No. 24, Isolo Road, Egbe, Lagos.

    According to him, the offences contravened Section 295(2) and 297 of the Criminal Law of Lagos State, 2011

  • The military lacks power to declare civilians wanted-Falana

    The military lacks power to declare civilians wanted-Falana

     

    Lagos lawyer, Femi Falana (SAN) has said that the military authority lack the power to declare civilians as wanted persons.

    Falana who made this clarification in a statement issued on Tuesday in Lagos in reaction to the three persons, Ahmed Bolori,a social worker; Aisha Wakil, a lawyer and human rights activist and Ahmed Salkida, a journalist declared wanted on Sunday by the military over alleged link with Boko Haram.

    He said the military should stop further harassment of the three civilians.

    He advised “since journalists and other civilians in combat operations are entitled to full legal protection under the Constitution and the Geneva Convention, the Nigerian Army should be directed by the Chief of Army Staff to stop any further harassment of the “wanted” persons.

    “As a matter of urgency, the National Human Rights Commission should make it clear to the members of the armed forces that we are no longer under military dictatorship when the fundamental rights of the Nigerian people were violated with impunity.

    By declaring the three persons wanted without any legal authority the army has usurped the statutory powers of both the Police and the SSS adding, “in the process it has breached the fundamental rights of the ‘suspects’ to personal liberty, dignity of the person and fair hearing guaranteed by the Constitution.

    “In addition, the freedom of movement of Mrs Wakil and Mr. Bolori whose passports have been illegally impounded has also been violated by the army. Even under the defunct military dictatorship in Nigeria the arrest and detention of journalists as well as the closure of media houses by security operatives were declared illegal by several courts. Indeed, on several occasions, the ruling military oligarchy was ordered to pay monetary damages for the breach of the human rights of journalists and very many other citizens”.

    He stated for instance “the Punch newspaper was awarded reparation of N22 million over the 1994 closure of its business premises and detention of its editor, Mr. Bola Bolawole by the combined team of armed soldiers and mobile policemen under the  Sani Abacha junta.

    “In Civil Liberties Organisation v Nigeria (2001) AHRLR 75 some journalists who reported s phantom  coup plot against the Abacha junta were tried before  a Special Military Tribunal. They were convicted and jailed for being accessories after the fact of treason.

    “The complainant dragged the federal government to the African Commission on Human and Peoples’ Rights in Banjul, The Gambia. As the federal military government had no defence to the allegations of mistrial the African Commission held that the arrest, investigation and prosecution of the convicts violated Article 7 (1) of the African Charter on Human and Peoples Rights. Similar trials of civilians by military courts in Mauritania and Sudan have been vitiated by the Commission on the ground that they failed to meet the independence test”, he stated.

    Falana recalled that on Sunday, August 14, 2016, the proscribed   Boko Haram terrorist sect had released a video showing some of the abducted Chibok girls.  Shortly thereafter, the Nigerian Army declared three persons wanted over alleged links with the terrorist organisation and for concealing information from the federal government on the whereabout of the girls who were kidnapped on April 14, 2014.

    Although Mrs Wakil reported herself to the army soon after the announcement, she was released and asked to await further instructions. She and Mr. Bolori have since been admitted to administrative bail by the army after meeting some conditions including the submission of their international passports. Thus, the planned pilgrimage to Mecca by the duo has been aborted by the army without any legal basis.

    In justifying the decision to declare the three persons wanted the Nigerian army spokesperson, Colonel Sani Usman, stated that “there is no doubt that these individuals have links with  Boko Haram Terrorist sect and have contacts with them. They must therefore come forward and tell us where the group is keeping the Chibok girls and other abducted persons to enable us rescue them…We rely on the relevant laws of the land and in particular the Terrorism Prevention Act  (as amended) where Nigerians could be punished for failure to disclose information about terrorists or terrorist activities.”

    He also recalled that Salkida, in his reaction to the serious allegations of withholding information and maintaining contacts with the terrorist stated via his Twitter that the video in question was sent to him before the girls’ abductors uploaded it on Youtube.

    Notwithstanding the gravity of the allegations of maintaining contacts  with a terrorist movement and concealing information  from the federal government, Falana contended that the decision of the Nigerian army   to declare the “suspects” wanted is ultra vires, illegal and unconstitutional in every material particular.

    “Since the wanted persons are not serving military personnel who are subject to service law they cannot be investigated or tried under the Armed Forces Act Cap A20 LFN, 2004.  Furthermore, under  the Terrorism Prevention Act 2011 as amended the army has not been authorized to perform any duty whatsoever.

    ”In other words, the powers of arrest, investigation and prosecution under the Act have been vested in the Nigeria Police Force and the State Security Service. In the circumstances, the Nigerian Army ought to have made available to either the Police or the SSS any evidence or information concerning the alleged links of the three persons to the terrorist body”, he stated.

     

  • Girl, 13, still in trauma over two years after defilement

    Girl, 13, still in trauma over two years after defilement

    A Lagos High Court sitting at Ikeja on Wednesday heard that a 13 year old girl (names withheld) allegedly defiled by a 32 year old man, Adewunmi Adetuyi is still in trauma more than two years  after the incident.
    As a result, the victim was not in court to give evidence in the on-going trial of  the man who defiled her.
    At the resumed trial of Adetuyi, prosecuting counsel, Mr Jide Boye told the court that the family of the victim moved her to Badagry away from the environment of the incident because of the trauma she was going through and to avoid stigmatization.
    Boye further said that because of this, it has become difficult to reach her at the time of the sitting of the court.
    He asked the court for a short adjournment to enable him produce the victim at the next adjourned date.
    The trial judge, Justice Oluwatoyin Ipaye granted the request of the prosecution and  adjourned the matter till June 30, 2016.
    Adetuyi whose address is unknown, is facing a one count charge of defilement before the court presided by Justice Ipaye.
    The prosecution said the offence is punishable under section 137 of Lagos State criminal law of 2011.
     A mild drama ensued earlier when the defence counsel, Obuagbaka Worer wanted to cross examine the police witness, Sgt. Ehijakor Joseph.
    The defense counsel accused the witness of  not conducting  proper investigation on the incident and that he failed to visit the scene of the crime, alleging that this was why the witness could not give a proper description of the crime scene.
    “You cannot remember the name of the street nor give a description of what the environment looked like or whether there are people living in the uncompleted building or not?” the defense counsel queried, adding “you did not visit the victim or the defendant’s house to make connections between both residences, so on what did you base your evidence?”
    The  witness, Sgt. Joseph however, responded that the elements for his investigation were based on statements by the victim, her aunt, police request form and the medical doctor’s report as tendered in exhibits 1, 2, 3, 4 and 5.
    At this stage, the defense counsel, Worer objected to the medical report on grounds that it was not submitted earlier to him for scrutiny before the court’s sitting.
    “It was an act of ambush to push me off track on the information inherent within such report,” he argued.
    But, Justice Ipaye over ruled the defence. She said that such document was relevant and can be verified during cross examination
  • Demolition of school buildings, Lagos state heads for Supreme Court

    Demolition of school buildings, Lagos state heads for Supreme Court

    The Lagos state government on Thursday said that it would contest the decision of the Court of Appeal, Lagos Division which reversed the judgment of a Lagos High Court upholding the demolition of the Sceptre Comprehensive school buildings.

    This was made known in a statement issued in Lagos and signed by the Director Public Relations, Ministry of Justice, Bola Akingbade.

    The state government had alleged that the school’s buildings, located on Supo Adigun Street, Ogudu and demolished in 2007 were built in contravention of the physical planning law, 2005.

    The Lagos State Government had contended that the issue of title is different from the issue of physical planning, in line with the Supreme Court decision in AG LAGOS STATE VS. AG OF THE FEDERATION that conferred the power to regulate planning on the State Government.

    Consequent upon the submission of the government, a Lagos high court had upheld the demolition of the school buildings.

    But the Court of Appeal in its ruling on Thursday held that the appellant having started the process of regularization of title with the Lagos State Government should be informed of the reason for refusal of the appellants building plan approval.

  • Ekiti guber polls: Obanikoro unable to stop Sahara Reporter, Punch, others

    Ekiti guber polls: Obanikoro unable to stop Sahara Reporter, Punch, others

    A Lagos State High Court sitting in Ikeja on Friday declined  the request of former Minister of State for Defence, Sen. Musiliu Obanikoro for an order of injunction against online news publication, Sahara Reporters, The Punch Newspapers, the publisher of Sahara Reporters, Mr Omoyele Sowore and Premium Times.
    Ruling on an application filed by Obanikoro on the matter, Justice Oluwatoyin Ipaye held that Obanikoro’s application for injunction was lacking in merit.
    It will be recalled that Obanikoro had on February 5, 2015 filed an application for an interlocutory injunction restraining the defendants from publishing harmful materials against him pending the determination of the substantive suit.
    The suit was filed following the publication of an audio recording which purportedly revealed how the former Defence Minister with other individuals plotted the rigging of the 2014 Ekiti gubernatorial elections.
    In his application, Obanikoro had claimed that the defendants had published very damaging material which made him suffer various political, personal and personal losses.
    The Senator had also requested for an order of court compelling the defendants to retract all the damaging news publications via a letter of apology on their various news outlets. 
    But the trial judge, Justice Ipaye in her ruling yesterday declined the prayers of the former minister.
    She said: “there is nothing before the court that shows the applicant will suffer more harm if the injunction is not granted.
    “It is an error to seek to restrain a publisher of an article on the grounds of libel if there is no proof before the court that such material is libelous.
    “I am persuaded that this application has no merit and an injunction is not appropriate in the circumstance.” 
    At yesterday’s proceedings, Obanikoro was represented by Mr Chukwudi Enebeli while Punch Newspapers Limited was represented by Mrs O.H Nurudeen.
    Sahara Reporters, Premium Times and Sowore have not made an appearance in court since trial commenced in the suit. 
    Ipaye ordered the suit adjourned pending when the defendants will file their replies to Obanikoro’s application.
  • Respect others’ rights, says UN

    Respect others’ rights, says UN

    December 10 was Human Rights Day to commemorate the Universal Declaration of Human Rights by the United Nations General Assembly.The day was marked in Nigeria. Adebisi Onanuga and Remilekun Osasona report.

    The Universal Declaration of Human Rights by the United Nations General Assembly was held on Tuesday, last week.It also marked the 20th year of the Vienna Declaration and Programme of Action, when member-countries moved against violation of other’s right.

    In Lagos, the state government, civil society groups and individuals joined in the celebration.

    With the theme “Rights of people living with disabilities, the activities also included a Human rights essay and debate competition among private and public schools at Alausa, Ikeja.

    Governor Mr Babatunde Fashola (SAN), at the event, reiterated his commitment to the protection of citizens’ rights, including that of the physically challenged.

    He said the state would redesign its public infrastructure to accommodate the needs of the physically challenged.

    The government, he said, was using the celebration to reaffirm its readiness to continue to uphold the rights of Lagosians, adding that no one is able or disabled by choice.

    The governor, represented by  the state’s Attorney-General and Commissioner of Justice, Ade Ipaye, said the state has passed the Special People’s Law in 2011 to address the challenges being faced by the people living with disabilities.

    Fashola said the state has also provided that the physically challenged enjoy equal opportunity in terms of employment, stressing:  “The state is an equal opportunity employer without discriminating against prospective employees on the ground of physical infirmity.”

    To buttress this view, the governor said not less than four state counsels, who are physically  challenged, have been employed in the Ministry of Justice, pointing out that they are performing excellently well.

    The governor, however, urged the citizens to be responsible and not to encroach on other people’s rights  as there are no absolute rights.

    Earlier, in a key address, the Dean of Law, University of Lagos, Prof Imran Oluwole Smith, remarked that there could not be a human right without the rights of people with disabilities.

    Prof. Smith, who was represented by the Head of Department, Private and Property Law of the university, Dr Chinwuba Nwudego, suggested that a disability fund be put in place and administered by the Office of Disability Affairs and into which individuals, corporate bodies and the government might make contributions. The purpose of the fund, he said, would be to advance the cause of persons with disabilities. He, however, noted that the legislative progression on the recognition and protection of rights of persons with disabilities among the states in Nigeria had been slow and unimpressive given the multitude of efforts by the international community.

    He, therefore, urged other state governments to emulate the Lagos government in recognising the rights of the special people’s rights by passing disability rights.

    Earlier, the Solicitor-General, Mr. Lawal Pedro (SAN), remarked that disability should not prevent any person from achieving success.

    He berated those who discriminate against disabled persons.

    Pedro said records had shown that physically challenged persons performed better than others if given the opportunity.

    Prior to the Human Right Day, the UN had also on November 25, 2013 marked the International Day to end violence against women. The UN had initiated a 16-day action programme, which ended on the human rights day.  The National Information Officer/Officer-in-Charge of the United Nations Information Centre (UNIC), Lagos, Mr. Oluseyi Soremekun, during a visit to Ikoyi Prisons last Monday, said the programme kicked off with 16 days of activisim against gender-based violence campaign, explaining that the campaign called on individuals and civil society groups around the world to act to end violence against women and girls.

    He said this year’s human rights day, which has as theme, “working for your rights” and coincided with the 20 years of Vienna Declaration, also marks the beginning of a renewed effort to strengthen and to further implement human rights instruments that have been constructed on the foundation of the Universal Declaration of Human Rights since 1948.

    He, therefore, counselled parents and guardians to respect the child rights, adding:”violence against women and girls is a violation of human rights. Let this be stopped. If we all respect the rights of one another, there would be less friction and violence in the society,” he said.

    The Chief Judge of Lagos State, Justice Ayotunde Phillips stressed the need to protect and respect the  rights of other people, irrespective of tribe, religion  and other circumstances during the Prison organised by the UN in collaboration with the Lagos State judiciary and National Human Rights Commission (NHRC).

    The Chief Judge, who was represented by the Chief Registrar, Mrs. Olamide Akinkugbe said that it is part of human rights to dispense justice speedily and fairly, no matter whose horse is gored. “Justice means the prisons are decongested and freedom is given to those deserving it”, she said adding that she remained committed to prison decongestion and that the exercise would be carried out quarterly in the state.

    Justice Phillips identified rape, domestic violence, marriage of underaged girl, kidnapping for money among other society vices posing challenges to human rights.

    She suggested that more awareness should be created on what constitute human rights to enlighten the people across the world and emphasised that the issue should be kept on the front burner of UN action programme at all time.

    Lagos lawyer, Mr Femi Falana has, however, called for a new approach in the celebration of the Rights Day.

    He counselled human rights bodies  to start  paying attention  to the enforcement and implementation of socio-economic rights.

    Falana, in a statement to mark the day, told the NHRC  and non-state actors involved in the defence and promotion of human rights to appreciate the fact that political and civil rights  are meaningless  to the majority of our people who are battling with deprivation.

    He argued that the rights to life has no meaning to people who have no means of livelihood or who cannot afford medical expenses when they fall sick while freedom of expression is of no relevance to millions of illiterate people adding that it is high time  human rights bodies in Africa paid due regard to the enforcement and implementation of socio-economic rights.

    He regreted that socio-economic rights have been deliberately  made non-justiciable in the Constitution in the country.

    “Consequently, the Government cannot be dragged to court  for its failure to provide adequate funds for education, health, housing, transportation and employment,” he noted.

    According to him,  the Supreme Court has upheld that such laws are enforceable by our courts. “It is on record that our municipal courts and the Community Court of Justice (ECOWAS Court) have begun to enforce the socio-economic rights of Nigerians in accordance with the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A 9 Laws of the Federation of Nigeria, 2004,” he stated.

    UN Secretary-General Mr. Ban Ki-moon, in a statement, urged member-states to fulfil the promises they made at the Vienna Conference 20 years ago to end violence against women and girl child and ensure respect for the rights of others.

    He said the UN secretariat was committed to the provision of funds and programmes to vigilance and courage to fight human rights violation.

    He added that the promotion of human rights remained one of the core purposes of the UN since it was founded.

    “The key to success is the political will of member-states. It is the states, in the first instance, that are obliged to protect human rights and  prevent violations at a national level and to stand up when other states fail to live up to their commitments,” he added.

     

  • US not under obligation to explain visa decisions, says Vice-Consul

    The United States has said it is not under any law, obligation or other means  to explain any of its decision on refusal of non-immigrant visa applicants.

    The Vice-Consul,  Consulate, Lagos Mr. Christopher M. Richardson, who stated that the consulate was also not obliged to review the documents of applicants who have been denied visas.

    Richardson, who  said the Consular Officers have wide discretion to deny a visa application, also stressed: ”there is no judicial or other means to challenge a visa decision”.

    He said the only recourse open to applicants who have been denied visa is to re-apply, adding that that would only favour such applicants if the situation for denying him visa earlier on had changed.

    He spoke at seminar entitled: “American visa regime: the role of Lawyers,” organised by the Immigration Lawyers’ Forum at the Bar Center of the NBA, Ikeja chapter. Richrdson said the Immigration and Nationality (INA) Act of U.S. law governs their law on visa applications and refusal of such applications or otherwise.

    “Under the INA, a foreigner must “prove to the satisfaction of the Consular officer his or her intent to return to his home country after visiting the United States” he said adding , “Specifically:

    “Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a) (15), and other than a nonimmigrant described in any provision of section 101(a) (15) (H) (i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15)” The USA Vice Consul who also spoke on special circumstances under which visa could be granted aoolicants said that It is also not illegal for a pregnant woman to have a child in the United States, but that the consulate only require such applicants to be honest about her true intentions.

    He said such applicants must refuse all entreaties to get Medicaid from hospitals in US but must have  sufficient funds  to cover her travel and hospital stay, pay his or her bills and refuse all entreaties to get medical aid from any US hospital. He said applicants applying for visa on medical grounds must have in addition medical diagnosis from a local physician, explaining the nature of ones disease and the reason he require treatment in the United States.

    He listed other requirement expected of such applicants to include  Letter from a physician or medical facility in the United States, expressing a willingness to treat this specific ailment and detaining the projected length and cost of treatment and statement of financial responsibility.

    Richardson said an immigrant who is a lawful and permanent resident in the US is not expected to stay outside the country for longer than 12 months, otherwise he will be required to get a new Immigrant Visa to enter the United States  adding that  the only exceptions is if  the immigrant remained outside the U.S. due to circumstances beyond his control.

    He said any immigrant who over stayed his visa outside the country, misrepresent a material fact, may get five, 10, or lifetime ban from travelling to the United States.