The Nation Newspaper

Tag: adjourns

  • Court adjourns hotelier’s two motions

    An Onitsha High Court in Anambra State, with a vacation judge, Justice A. O. Okuma, presiding yesterday adjourned hearing till September 12 in the motion ex-parte filed against Governor Peter Obi by Bonaventure Mokwe, the detained proprietor of Upper Class Hotel, Onitsha.

    The court also adjourned till Monday another motion on notice filed against Chief Superintendent James Nwafor, the officer-in-charge of the state Special Anti-Robbery Squad (SARS); Commissioner of Police, Inspector-General of Police and Attorney-General.

    Upper Class Hotel was demolished on August 1 on Obi’s orders after human heads were allegedly found in the hotel.

    The adjournment came after Mokwe’s counsel Franklyn Ibeh told the court that the bailiff had served a writ of summon to the governor through his personal secretary.

    But Justice Okuma insisted that the writ of summons must be served personally on Obi or, in the alternative, the applicant should file a motion for substituted service on the governor.

    The applicant is asking the court for leave to apply for the order of prohibition against the respondents herein from confiscating, destroying his asset and property, pending the hearing and determination of the substantive suit.

    He is also seeking an order that the leave so granted shall act as a stay of further demolition by the respondents in connection with the compliant in the suit, pending its determination.

  • Appeal Court adjourns Tukur-Oyinlola case

    Appeal Court adjourns Tukur-Oyinlola case

    The Court of Appeal in Lagos has adjourned indefinitely proceedings in an appeal filed by the Peoples Democratic Party (PDP), its Chairman Bamanga Tukur, removed National Secretary Olagunsoye Oyinlola and National Auditor Bode Mustapha.

    They are challenging a May 2, 2012 judgment by Justice Charles Archibong of the Federal High Court, Lagos, declaring the Chief Adebayo Dayo-led Executive Committee of the party in Ogun State as the authentic management body of the party in the state.

    The judgment, aside upholding the constitution of the Adebayo Dayo exco, ordered the PDP’s national leadership to support it in the performance of its responsibilities.

    Yesterday, the appellate court adjourned indefinitely upon being served with a copy of a petition written to the Acting President of the Court of Appeal, Justice Zainab Bulkachuwa, by the Dayo-led Ogun PDP, alleging possible bias on the part of the panel headed by Justice Amina Augie.

    The petitioners alleged that former President Olusegun Obansanjo purportedly promised to exploit the influence of his lawyer, Chief Afe Babalola (SAN), to ensure that his faction of the Ogun PDP wins the legal battle. The petitioners also referred to a purported a meeting between Babalola and Justice Augie.

    Reading the petition in the court yesterday, a furious Justice Augie denied any relationship between her and either Babalola or Obasanjo. She denied all allegations made against them in the petition.

    “I do not know Afe Babalola. I have no dealings with him. I do not know Obasanjo. I have no dealings with him,” Justice Augie said. She said the petition was intended to deliberately rubbish the reputation of the justices handling the case.

    Justice Augie came down heavily on the lawyer to the respondents, Ajibola Oluyede, for allegedly failing to restrain his clients. She threatened to place Oluyede in the court’s black book and prevent him from further appearing before the court in any other case.

    Justice Augie later took back the threat, after apologies by Oluyede. She urged lawyers to realise that a dent on the court’s image affects them too, because the court is where they ply their trade.

    She said the petition was not only challenging the integrity of the court, but also the competence of the petitioner’s lawyer.

    Justice Augie said by petitioning the court’s highest authority and querying the integrity of the Justices handling their case, Oluyede’s clients were also not confident of his ability to handle their case without interference.

    Justice Augie later directed that the case be called, following which the appellant’s lawyer, Kunle Kalejaiye (SAN), condemned the petition, saying “this is a new style that ought to be condemned.”

    Oluyede denied being a party to the petition. He said the dimension taken by the case and parties must have been informed by its nature, being a political case.

    Justice Augie, in a ruling, held that the court will adjourn indefinitely to await the outcome of Justice Bulkachuwa’s decision on the petition. Named as respondents in the appeal are plaintiffs in the original suit – Chief Adebayo Dayo and Alhaji Semiu Sodipo (for themselves and on behalf of the Ogun State Executive Committee of the PDP).

  • EFCC vs Babalakin: Court adjourns hearing till Feb 25

    The Economic and Financial Crimes Commission (EFCC) yesterday arraigned the Chairman of Bi-Courtney Ltd, Dr. Olawale Babalakin (SAN) and four others before a Lagos High Court in Ikeja for allegedly conspiring and laundering N4.7 billion for the former Delta State Governor, James Ibori.

    Justice Adeniyi Onigbanjo granted Babalakin and the second defendant, Mr. Alex Okoh, bail on self-recognition

    Babalakin was arraigned with his company, Bi-Courtney Ltd, the fourth defendant.

    The other defendants are Stabilini Visioni Ltd and Renix Nigeria Ltd.

    They are facing a 27-count on conspiracy to commit felony to wit: corruptly conferring benefit on account of public action contrary to Section 98A (1)(a) of the Criminal Code Law, Cap. C17, Laws of Lagos State 2003; corruptly conferring benefit on account of public action contrary to Section 516 of the Criminal Code Law, Cap. C17, Laws of Lagos State 2003; and retention of the proceeds of a criminal conduct contrary to Section 17(a) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.

    The offence is said to have been committed between May and December, 2006.

    Babalakin and Okoh pleaded not guilty to the charges.

    After the plea of the defendants had been taken, counsel to Babalakin, Mr. Wale Akoni (SAN), who led 10 other lawyers, told the court that they had some pending applications before the court for various prayers.

    Akoni, urging the court to strike out an application dated January 17, prayed the court to consider their application dated November 29, 2012 and grant his client bail pending the determination of the substantive suit.

    He said the bail application was supported by a 14-paragraph affidavit deposed to by Dr. Abiodun Layonu and a written address.

    Akoni asked the court to consider Paragraph 3(1)(i-ix) of the affidavit in support of the application and prayed the court to grant Babalakin bail on self-recognition.

    He urged the court to consider that the first defendant is a Senior Advocate of Nigeria (SAN), a member of the Body of Benchers, Pro-Chancellor, University of Maiduguri and Chairman of Pro-Chancellors of Nigerian Universities, among others.

    He assured the court that the defendant would not jump bail, stressing that he voluntarily came to court.

    Mr. Tayo Oyetibo (SAN), counsel to the second defendant, leading six other lawyers, also prayed the court to grant Okoh bail on self-recognition.

    Oyetibo, who also said they had a pending application before the court, drew attention to the seventh paragraph of the application.

    He said Okoh is a former managing director and financial counsellor to leading banks and financial institutions.

    The lawyer said Okoh had been making himself available in court since the matter began and was prepared for trial to clear his name.

    Counsel to the fifth defendant, Mr. Oladapo Akinosun, while not against the bail request of the first and second defendants, told the court that they have not received any process and could file no counter motion on the matter.

    Counsels to the third and fourth defendants Mr. R.A. Lawal-Rabana and Dr. Joseph Nwobike, did not oppose the requests of other lawyers for bail.

    The prosecutor, Mr. Rotimi Jacobs, did not oppose bail, but asked the court to give conditions that would ensure their appearance in court on the adjourned dates.

    Justice Onigbanjo gave the defendants and the prosecution 14 days to serve papers, including processes, interlocutory injunctions, counter motions and affidavits in support of their motions.

    He adjourned the matter till February 25 for hearing of the interlocutory injunctions.

    Dr. Babalakin was driven into the court premises at 10am in a black ML Mercedez Benz Sport Utility Vehicle (SUV).

    He was dressed in a navy blue stripped suit and a white shirt with a wine colour stripped tie and black shoes.

    Babalakin headed for Justice Onigbanjo’s court, sat near the dock and conferred with his lawyers.

    He was cool throughout the almost two hours that the trial lasted and betrayed no emotion.

    The court was filled up. Babalakin’s relations, friends, associates and Bi-Courtney workers were around to show solidarity.

    He left the court in the same vehicle that brought him about 12.25 pm.

  • Appeal Court adjourns ruling in Ararume, Okorocha suit

    The Appeal Court in Owerri, the Imo State capital, yesterday adjourned ruling in the suit by Imo State Governor Rocahs Okorocha against the Action Congress of Nigeria (ACN) candidate, Ifeanyi Ararume.

    After hearing arguments from counsel to the parties, Justice Hussain Mukhtar adjourned the matter indefinitely to enable pending suits before the Supreme Court on the state’s governorship election be resolved.

    Counsel to the governor Chief Niyi Akintola (SAN) said: “The matter has been settled once and for all at the Supreme Court. But suddenly, we heard about the matter, which is a pre-election matter. The ACN came to the Appeal Court because it is its constitutional right. But suddenly, Ikedi Ohakim – the former governor – and the Peoples Democratic Party (PDP) filed applications for leave to be allowed to appear. The same PDP was the petitioner against Okorocha in the election and the matter has been pursued up to the Supreme Court.

    “So, the same people came to be joined in the same matter and we refused. This is based on the law that was available to us at that time. We have appealed against that… We are opposed to it.”

    Counsel to Ararume D. O. Madu said: “What has happened is that they said they have an appeal at the Supreme Court and they want the Appeal Court to await the judgment of the Supreme Court. There is no ruling really; nothing has been decided.”

  • Court adjourns ruling on N32.8b pension scam

    An Abuja High Court has again adjourned till November 6 ruling on an application to quash criminal charges in the N32.8 billion Police Pension Fund scam against three of the six accused persons.

    Justice Abubakar Talba had, on July 17, fixed October 9 for ruling on the motion filed by Atiku Kigo (a former Permanent Secretary), Mrs Veronica Onyegbula (Cashier) and Sani Zira (ICT Officer).

    The trio, who were charged with Esai Dangabar (Director), Ahmed Wada (Director) and John Yusufu (Assistant Director), are workers at the Office of the Head of Service of the Federation, but on suspension.

    They were arraigned by the Economic and Financial Crimes Commission (EFCC) on a 16-count charge of conspiracy and criminal breach of trust.

    The EFCC said the alleged fraud was perpetuated between January 2009 and June 2011.

    On October 9, the court clerk, Garba Isa, told the accused’s counsel, Ricky Tarfa (SAN) and the EFCC counsel, Rotimi Jacobs (SAN), that the ruling was not ready.

    Isa said the judge had asked the counsel to pick another date for the ruling. They had then picked October 16.

    But on arrival in court yesterday, after waiting for three hours, Isa told Tarfa and Jacobs to pick another date.

    No reason was, however, given for the judge’s absence in court.

    The trio want the court to quash the charges on the grounds that the EFCC has no evidence against them.

    They insisted that there was nothing linking them to the alleged offence.

    Mrs. Onyegbula said the EFCC could not prove to the court that she signed any document from the Pension Office.

    The EFCC, in a counter-affidavit, urged the court to dismiss the application, and said the accused were “employing delay tactics” to frustrate the quick disposal of the case.